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 Reid declared a personal and prejudicial interest in Plans Item 5d (Harewood Whin, Tinker Lane, Rufforth) as she is the Council’s representative on Yorwaste who are the applicants. She left the room and took no part in the discussion or decision thereon and had taken no part in the visit to the site.

To consider excluding the public and press from the meeting during consideration of agenda item6 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 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) (Minute 53 refers) 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 18 December 2008.

RESOLVED:             That the minutes of the meeting held on 18 December 2008 be approved and signed by the Chair.

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 – in this case, Wednesday 14 January 2009. 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 contact details information 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 of 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 storey flat roof rear extension, and the raising in height of the existing rear extension (Amendment to approved permission 06/00944/FUL). [Westfield Ward]  [Site Visit].

Members considered a full application from Mick Calam for a single storey flat roof rear extension, and the raising in height of the existing rear extension (amendment to approved permission 06/00944/FUL)

RESOLVED:             That the application be approved without conditions.

REASON:                  The proposal would not cause undue harm to interests of acknowledged importance, with particular reference the residential amenity of the neighbours, the visual amenity of the dwelling and the locality. As such, the proposal complies with Policies H7 and GP1of 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".

Demolition of church hall in the Conservation Area. [Micklegate Ward]  [Site Visit].

Members considered an application for conservation area consent from the Parochial Church Council of All Saints Church for the demolition of the church hall in the conservation area.

The Planning Officer advised Members they were awaiting revised architect’s drawings for the housing development planning permission which had been sought under 05/00048/FUL (Agenda item 5c) and requested deferring consideration of this application in order that the applications for demolition and planning permission could be considered at the same meeting.

RESOLVED:             That consideration of this application be deferred to a future meeting.

REASON:                  In order that amended architects drawings could be produced.

Erection of three dwellings to replace existing church hall, erection of extension to vestry, installation of lockable gates at two locations in All Saints Lane. [Micklegate Ward]  [Site Visit].

Members considered a full application from the Parochial Church Council of All Saints Church for the erection of three dwellings to replace the existing church hall, the erection of an extension to the vestry and the installation of lockable gates at two locations in All Saints Lane.

The Planning Officer advised Members that the architects were in the process of drawing up revised plans which would reduce the level of the roof adjacent to the neighbouring property and requested deferring consideration of this application until these revised drawings were available.

RESOLVED:             That consideration of this application be deferred to a future meeting.

REASON:                  In order that amended architects drawings could be produced.

Erection of building to house biomass power plant with chimney stack with external cooling plant (resubmission). [Rural West York]  [Site Visit].

Members considered a major full application (13 weeks) from Yorwaste Heat and Power Ltd for the erection of a building to house a biomass power plant with chimney stack with external cooling plant (resubmission)

The Planning Officer circulated a series of e-mails received from Hessay Parish Council, Upper Poppleton Parish Council and Nether Poppleton Parish Council, which raised concerns about the environmental impact of the proposals.

He clarified that the completion date referred to in Condition 4 to Planning Permission 00/02689/FUL is 12 May 2017 and not 12 May 2013. He also advised that the final sentence in paragraph 4.4 of the committee report should therefore be amended to read “On balance this may be taken as “very special circumstances” justifying location of the plant in the Green Belt, however this is dependent upon the operation of the waste disposal site which currently operates with the benefit of a permission expiring in 2017.”

He also reported that Condition 10 should be amended to read “In the event of the Biomass Power Plant permanently ceasing to operate, or in the event of landfilling operations at Harewood Whin ceasing, all plant, associated structures and buildings shall be removed from the site and the land shall be restored in accordance with the previously approved Scheme of Restoration for the Harewood Whin Site. (Reason: To safeguard the character of the site in the interest of visual amenity and to secure compliance with York Development Control Local Plan Policy GB1)“ Members suggested that a time limit be imposed on the removal and restoration and officers agreed that this could be added to the condition.

Members raised the issue that Nether Poppleton, Upper Poppleton and Hessay parish councils had not been consulted regarding the application and officers explained that this was because the Harewood Whin Site fell solely within the Rufforth with Knapton Parish Council boundary and not any other parishes.

Members also discussed whether an Environmental Impact Assessment  (EIA) should have been undertaken and officers explained the rules governing EIAs and advised Members that this type of development was classified as a Schedule 2 development and did not fall within the criteria which required a EIA to be undertaken.

Representations were received from the Chairman of the York and Selby Branch of the Campaign to Protect Rural England (CPRE) in objection to the application. He raised concerns over potential pollution from burning wood, which had been painted or treated with preservatives. He also stated that the report contained no information on contaminates produced through the furnace process or whether there was any intention to return ash to the land.

Further representations, in objection to the application, were heard from a local resident who was also a member of the York Environmental Forum. He advised Members that he was also representing Wheatlands Educational Community Woodland and circulated information about this. He advised Members that he lived close to the site and also had a commercial property in the vicinity. He explained that he didn’t accept  ...  view the full minutes text for item 52d

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.