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 Gillies declared a personal prejudicial interest in agenda item 4b (63 Hobgate) as the owner of the property was known to him.  He left the room and took no part on the discussion or decision on the item.

Councillor Horton declared a personal prejudicial interest in agenda item 4b (63 Hobgate) as the registered speaker was one of his neighbours.  He left the room and took no part on the discussion or decision on the item.

Councillor Horton also withdrew from the room for agenda item 4d (Land to Rear of 6-10 Dane Avenue), under the provisions of the Planning Code of Good Practice, as he had participated at Shadow Executive meetings relating to the sale of the land.  He took no part on the discussion or decision on the item.

Councillor Sunderland withdrew from the room for agenda item 4d (Land to Rear of 6-10 Dane Avenue), under the provisions of the Planning Code of Good Practice, as she had participated at Executive meetings relating to the sale of the land.  She took no part on the discussion or decision on the item.

Councillor Reid declared a personal prejudicial interest in agenda items 4e (The Bonding Warehouse – Full Application) & 4f (The Bonding Warehouse – Listed Building Consent) as her father in law lived in City Mills, adjacent to the building.  She left the room and took no part on the discussion or decision on the item.

Councillor Waller declared a personal non-prejudicial interest in agenda items 4e (The Bonding Warehouse – Full Application) & 4f (The Bonding Warehouse – Listed Building Consent) as a member of the Regional Flood Defence Committee.

To approve and sign the minutes of the meetings of the West & City Centre Area Planning Sub-Committee held on 17 January 2008 and 29 January 2008.

RESOLVED:             That the minutes of the Sub-Committee meetings held on 17 January 2008 and 29 January 2008 be approved and signed by the Chair as a correct record, with an amendment to minute 67 (Inspection of Sites) of the former to indicate that the site visit for Somerfield Store, 6 Beagle Ridge Drive had been requested by Councillor Waller, not Councillor Hudson.

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 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 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 2no. two storey dwellings after demolition of exisiting dwelling (resubmission) [Holgate Ward]

Members considered a full application, submitted by V V Partnership, for the erection of 2no. two storey dwellings after demolition of an existing dwelling (resubmission).

The case officer drew Members’ attention to the amended plan that had been submitted, which indicated that the buildings had been moved back on the site to provide adequate levels of off-street parking.

Representations were received from a neighbouring resident, in support of the planning conditions recommended by officers.

RESOLVED:That the application be approved, subject to the conditions listed 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, the visual amenity of the locality, highway safety. As such, the proposal complies with Policies H3c, H4a, H5a, T4 and GP1of the City of York Local Plan Deposit Draft; national planning guidance contained in Planning Policy Statement 1 "Delivering Sustainable Development " and  Planning Policy Statement 3" Housing.

Outline application for the erection of two storey detached dwelling adjacent to 63 Hobgate [Holgate Ward]

Members considered an outline application, submitted by Mr P Tinker, for the erection of a two storey detached dwelling adjacent to 63 Hobgate.

The case officer outlined the history of planning approvals on the site.

Representations were received in support of the application, from the applicant’s agent.

RESOLVED:That the application be approved, subject to the conditions listed 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 to visual and residential amenity. As such the proposal complies with Policies GP1, GP4a, H4a and L1c of the City of York Development Control Draft Local Plan.

Variation of Condition 12 of permission 07/00663/FUL dated 23.05.2007 to allow the removal of two trees (resubmission) [Rural West York Ward]

It was reported that a full application, submitted by Mr R Urwin, for the variation of Condition 12 of permission 07/00663/FUL dated 23.05.2007 to allow the removal of two trees (resubmission) had been withdrawn by the applicant.

Erection of 5 two storey dwellings. [Acomb Ward]

Members considered a full application, submitted by Yorkshire Housing, for the erection of 5 two storey dwellings.

Members requested the addition of an informative requesting the provision of some renewable energy on the site.

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

(i)                 Informative

The Sub Committee are keen for the applicant to explore the use of renewable energy in this development.  The minimum standard in this regard contained within the "Interim Planning Statement: Sustainable Design and Construction" is as follows:

The applicant must demonstrate that a % of the expected energy demand for the development will be provided for through on site renewable generation for heat and/or electricity. For developments of 5 dwelling units and above, 10% of energy will be expected to be produced on site. In addition parts of the development should be identified that could accommodate renewable energy installations in the future, for example the number/area of south facing roofs.

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 visual/residential amenity, affordable housing provision and highway issues. As such the proposal complies with Policies GP1, GP10, GP4a, H2a, H4a and L1c of the City of York Development Control Draft Local Plan.

Use of upper floors as 9 residential units and ground floor as office (B1 use) including new mansard roof to southern building, erection of stair and lift access tower in courtyard and bridge link to Skeldergate [Micklegate Ward]

Members considered a full application, submitted by Mr W Legard, for the use of the upper floors as 9 residential units and the ground floor as an office (B1 use), including a new mansard roof to the southern building, the erection of a stair and lift access tower in the courtyard and a bridge link to Skeldergate.

A copy of the case officer’s update was circulated to Members (attached as Appendix 1 to these minutes).  It summarised a third party letter and a letter from English Heritage which had been received since the publication of the report, and recommended revised wording for condition 13 and the addition of further conditions 19-26.

Representations were received in support of the application, from the applicant’s agent.

Members requested retention of the name “The Bonding Warehouse” and provision of appropriate signage.  They also requested a visit to the site when the development had been completed.

A minor amendment to the wording of condition 19 was proposed, so that the bridge had to be fully retracted except when necessary.

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

(i)                 Amended Condition 13

Large scale details of the items listed below shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the relevant part of the development and the works shall be carried out in accordance with the approved details.

i/ Glazed link

ii/ Retractable bridge and walkway to Skeldergate including alteration and gate to Skeldergate Bridge wall

iii/ New gate (to be of an open steel type to match the existing railings)

iv/ New dormer windows

v/ Rooflights (to be conservation type sub-divided by two glazing bars)

vi/ All new windows

Reason:  Because of the special interest of the listed building and the character and appearance of the conservation area in accordance with policy HE2 and HE4 of the Local Plan.

(ii)               Additional Condition 19

Prior to the commencement of the development hereby permitted full details shall be submitted to and approved in writing by the Local Planning Authority of the design, construction and method of operation of the emergency footbridge serving the site.

The bridge shall be fully retracted except when necessary.

Reason: In the interests of highway safety and the character and appearance of the conservation area and nearby listed buildings.

Informative: The details shall in all respects comply with the City of York Council Document "Technical Approval Procedures for Developers Structures".

(iii)             Additional Condition 20

                  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.

(iv)              Additional Condition 21

                  The development shall not be begun until details of the junction between the internal access road and  ...  view the full minutes text for item 83e

Internal and external alterations including new windows, new mansard roof to southern building, erection of stair and lift access tower in courtyard and bridge link to Skeldergate in connection with conversion of building to residential and office use [Micklegate Ward]

Members considered an application for listed building consent, submitted by Mr W Legard, for internal and external alterations including new windows, a new mansard roof to the southern building, the erection of a stair and lift access tower in the courtyard and a bridge link to Skeldergate in connection with conversion of the building to residential and office use.

A copy of the case officer’s update was circulated to Members (attached as Appendix 1 to these minutes).  It recommended revised wording for condition 4 and the addition of a further condition 6.

Representations were received in support of the application, from the applicant’s agent.

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

(i)                 Amended Condition 4

Details of all new equipment, service runs, vents and cabling shall be submitted to and approved in writing by the local planning authority prior to their installation.

Reason:  In order to retain the special interest of the listed building.

(ii) Additional Condition 6

Details of internal finishes and fittings and external doors including “taking in” doors and flood gates shall be submitted to and approved in writing by the local planning authority prior to the commencement of the relevant part of the development and shall be implemented in accordance with the approved details.

Reason: In order to protect the special interest of the listed building.

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 special interest of the listed building. As such the proposal complies with Policy HE4 of the City of York Local Plan Deposit Draft and the guidance contained in PPG15 "Planning and the Historic Environment".

Erection of two and three storey development comprising 14 flats and 5 houses [Acomb Ward]

Members considered a major full application, submitted by York Housing Association, for the erection of a two and three storey development comprising 14 flats and 5 houses.

A copy of the case officer’s update was circulated to Members (attached as Appendix 2 to these minutes).  It summarised four additional letters of objection which had been received since the publication of the report, presented a further email from Councillor Simpson-Laing and recommended revised wording for condition 9.  Officers also outlined details of the landscaping proposals.  

Representations were received in objection to the application, from a neighbouring resident, and in support of the application, from the applicant’s agent.  Representations were also received relating to the protection of woodland and on behalf of the Acomb Planning Panel, in objection to the application.

Some Members expressed concerns regarding the scale and massing of the proposed building and that it would be out of character with the area.  They  also expressed the view that the level of on-site parking was inadequate, given the lack of on-street parking on nearby narrow roads.  Councillor Horton moved, and Councillor Waller seconded, a motion to refuse the application on these grounds.  On being put to the vote, this motion was declared lost.  Councillor Sunderland requested that her abstention in the vote on this motion be recorded.

Members expressed concern regarding the loss of highway verge for hard surface footpath and requested that this requirement be removed from the proposal by deleting condition 9.  They also requested the addition of conditions requiring the reuse of materials, where possible, and removing permitted development rights for fencing off the open space.

RESOLVED:That the application be approved, subject to the conditions listed in the report, with the deletion of condition 9 and the following additional conditions:

(i)                 Additional condition

Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Development Order 1995), (or any Order revoking or re-enacting that Order), development of the type described in Class A of Schedule Part 2 of that Order (gates, fences, walls or other means of enclosure) except where shown on the approved drawings shall not be carried out without the prior written permission of the Local Planning Authority following receipt of a planning application in that respect.

Reason:  In the interests of visual amenity on this open space land and in the interests of allowing public access to the land as proposed in the planning application.

(ii)Additional condition

Prior to the commencement of development a statement demonstrating how materials from the existing building are to be re-used shall be submitted to and approved in writing by the local planning authority.

Thereafter the development shall proceed only in accordance with those details.

Reason:  In the interests of the sustainable development of the site as required by policy GP4a of the local plan.

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  ...  view the full minutes text for item 83g