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 Crisp stood down from the Committee for Plans Item 4b
(14 Braeside Gardens) under the provisions of the Planning Code of Good Practice and spoke from the floor as Ward Councillor, after which she left the room and took no part in the debate thereon.

Councillor Crisp also declared a personal and prejudicial interest in Plans Item 4c (1 Albany Street) and as she had opposed the initial planning application. She left the room and took no part in the debate thereon.

To consider excluding the public and press from the meeting during consideration of the Annexes to agenda item 5 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 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 5 (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.

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.

Erection of a 17.7m high micro wind generator on land adjacent to Argent Barn. [Rural West York][Site Visit]

It was reported that a full application, submitted by Mrs A Gioello, for the erection of a 17.7m high micro wind generator on land adjacent to Argent Barn, had been withdrawn by the applicant.

Conversion and extension of garage to create 1 no. dwelling with single storey pitched roof front conservatory, erection of pitched roof detached garage. [Holgate Ward] [Site Visit]

Members considered a full application from Mr Bill Redhead for the conversion of a garage to create a dwelling with a single storey front extension and single storey pitched roof front conservatory and the erection of a pitched roof detached garage.

Representations were received from the applicant in support of the application. She advised Members that they would be willing to build a garden shed instead of the proposed garage. Furthermore they would endeavour to make the development as environmentally friendly as possible.

Representations were also received from Councillor Crisp, Ward Member, in objection to the application. She voiced her concerns as follows:

• Shading of the neighbour’s garden.
• That the boundary hedge would be difficult to maintain and add to the feeling of being enclosed
• Proposed development would create built up appearance and is overdevelopment.
• Inadequate plans submitted so unable to determine exactly how much forward of the existing house the proposed dwelling would come.
• Proposed dwelling would have no traditional windows – only roof light.
• Lack of amenity
• That no sustainability statement had been submitted

Councillor Galvin moved and Councillor Gillies seconded a motion to defer the application. On being put to the vote this motion was lost.

RESOLVED:                That the application be refused. ¹

REASON:                  1          The proposed conversion of the garage to a dwelling by virtue of its scale, location, and residential paraphernalia would appear cramped and overdeveloped and would appear incongruous when compared to the existing scale, pattern and form of development within Braeside Gardens and the surrounding streets and therefore would be contrary to design guidance in PPS1 (Delivering Sustainable Development) and Policies GP1, GP10, H4a, and H5a of the City of York Council Development Local Plan (2005).

 2 The proposed lack of traditional windows would create an unsatisfactory living environment for occupier/s of the proposed dwelling would result in an unacceptable standard of residential accommodation and amenity. As such this would not comply with Central Government advice relating to design quality contained within PPS1 (Delivering Sustainable Development) and PPS3 (Housing).

 3 The proposed plans submitted are not drawn to a recognised scale and inaccurate and as such cannot be fully and accurately assessed by the Local Planning Authority.

                                    4          No sustainability statement has been submitted, without this document the Council cannot judge the sustainability of the scheme against this Policy GP4a and therefore the proposal is contrary to Policy GP4a of the City of York Council Development Local Plan (2005).

 5 The proposed side door opening onto amenity space belonging to 14 Braeside Gardens would result in a loss of privacy to the occupants of this dwelling and would cause harm to their residential amenity and therefore is contrary to Polices GP1 and GP10 of the City of York Council Development Local Plan (2005).

First floor rear extension and conversion to form 3no. flats (revised scheme, re-submission) [Holgate Ward] [Site Visit]

Members considered a full application by Mr Peter Docwra for a first floor rear extension and the conversion of an existing end terrace property to form 3 one-bed apartments. (revised scheme, resubmission).

The Planning Officer circulated further information which had been received from the applicant’s agent regarding some points which had been raised in the Officer’s report.

Representations were received from the applicant’s agent in support of the application. He distributed some examples (including photographs and plans) of precedents of flat conversions in the same area. He stated that, although he understood that some people would prefer the provision of a family house over flats, due to the north facing rear yard and in order to make best use of the existing structure, this property would be  better suited to 1 bed starter homes.

Representations were received in objection to the application from Councillor Bowgett, Ward Member. She spoke on behalf of the residents of Leeman Road. She stated that there was a need for more family homes and not city centre flats and this application, if granted, would result in the loss of a family home. She also raised the issue of the security /safety risk with access to one of the proposed flats being from a back lane. She also pointed out that if permission was granted for flats, this would increase the number of cars parked in the street.

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

REASON:                  The proposal, subject to the conditions listed in the report,  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).

Single storey extension to existing elevation to create church hall. [Dringhouses and Woodthorpe Ward] [Site Visit]

It was reported that a full application, submitted by The Parochial Church Council for a single storey extension to the existing elevation to create a church hall, had been withdrawn by the applicant.

Single storey pitched roof extension to the side [Micklegate Ward] [Site Visit]

Members considered a full application from Mr G Anderson for a single storey pitched roof extension to the side.

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

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 impact on the residential amenity of neighbours or the impact upon the street scene.  As such the proposal complies with  Policies H7 and GP1 of the City of York Local Plan Deposit Draft.

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 report be noted.

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