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 asked to declare at this point in the meeting any personal or prejudicial interests they might have in the business on the agenda.

Councillor Sunderland declared a personal and prejudicial interest in Plans Item 4c (Doctors Surgery, 40 Moorcroft Road) as she has longstanding family ties and a close relationship with the surgery. She left the room for discussion on this item and took no part in the debate or vote on this application.

Councillor Reid declared a personal interest in Plans Item 4c (Doctors Surgery, 40 Moorcroft Road) as she also has ties with the surgery.

Councillor Horton declared a personal interest in Plans Item 4d (Edmund Wilson Baths, Thanet Road) as he knew the speaker.

To approve and sign the minutes of the meeting of the West & City Centre Area Planning Sub-Committee held on Thursday 18 February 2010.

RESOLVED:             That the minutes of the meeting of the West and City Centre Area Planning Sub Committee held on 18 February 2010 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 5:00pm the working day before the meeting, in this case Wednesday 17 March 2010 . 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.

There were 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.

External and internal alterations at ground and first floor levels in concourse and debtors prison. [Guildhall Ward] [Site Visit]

Members considered an application for Listed Building Consent from Mr Michael Woodward for external and internal alterations at ground and first floor levels in the concourse and debtors prison.

Officers confirmed that that they had now received comments from English Heritage, therefore the Committee could now determine the application in line with normal procedures rather than officers requiring delegated authority to do so as stated in the report.

Officers drew Members’ attention to an error in paragraph 1.3 of the report which they advised should refer to the “original internal (not external) walling of the Debtor’s Prison”

Some Members raised concerns that the proposed outside seating area, would detract from the appearance and ambience of the museum and could create a noise disturbance to the court house opposite and also queried the ownership of the land to be used for this seating area. Officers reminded Members that any concerns over the seating area or noise could not be considered as this was an application for listed building consent.

RESOLVED:            

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

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 visual amenity and character of the listed building. As such, the proposal complies with Policies HE4 and GP1 of the City of York Development Control Local Plan - Incorporating the Proposed 4th Set of Changes ( 2005) ; and national planning guidance contained in Planning Policy Statement 1 " Delivering Sustainable Development " and Planning Policy Guidance Note No. 15 " Planning and the Historic Environment. "

Infilling of basement vaults to provide additional structural support.

[Guildhall Ward]

Members considered an application for Listed Building Consent from Mr Colin Hughes for the infilling of basement vaults to provide additional structural support.

Officers reported that a response had been received from Guildhall Planning Panel which asked if there were other methods in which the building could be underpinned. They advised that both the Conservation Officer and City Archaeologist had no objections to the application and circulated photographs of the vaults for Members information.

Representations were received from Alan Wood and Partners, Consulting Civil and Structural Engineers for Crabtree and Evelyn, in support of the application. They circulated some information and advised Members that the method of infilling of the vaults with a foamed concrete, which they had recommended, would cause minimum intervention and would be reversible if a full archaeological investigation was required in the future and answered Members queries on specific issues.

Some Members raised concerns that alternative options had not been fully explored and voiced their concerns that damage may be caused to the vaults and that there was not sufficient proof that the infill could be safely removed. Other Members agreed that it was the simplest and least obtrusive way to make the vaults safe which would preserve them and could be easily removed in future if required.

RESOLVED:

That officers be given delegated authority to approve the application, subject to the conditions listed in the report, once the consultation period had expired.

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 fabric of the Grade II listed building.  As such the proposal complies with Planning Policy Guidance 15 : Planning and the Historic Environment and Policy HE4 of the City of York Development Control Local Plan.

Erection of two storey GP surgery building after demolition of existing building. [Dringhouses And Woodthorpe Ward]

Members considered a full application from the Partners at York Medical Group for the erection of a two storey GP surgery building after demolition of the existing building.

Officers updated that further objections had been received from 29 Moorcroft Road, submitting photographs indicating parking problems, from 38 Moorcroft Road raising concerns over the accuracy of site measurements and issues regarding the car port wall, and from 40 Moorcroft Road reiterating their objections to the scheme due to its width and height.

Officers advised that an additional condition be added to require that a minimum gap of 1 metre be retained between the flank wall of the new surgery and the flank wall of no.38 Moorcroft Road in the interests of the visual amenities of the street.

Representations were received from a resident who raised concerns about parking. He advised that the parking situation had worsened over the years and warned that it was now time to rectify the problem.

Representations were also received from a further local resident raising concerns over the accuracy of the site measurements used. Officers confirmed that they were now in possession of an accurate representation of the site.

Representations were also received from a doctor at the practice. She explained that they had reduced the height of the proposed building and addressed the issue of the gap with no 38 Moorcroft. She confirmed that she had taken on board residents’ concerns regarding parking issues and agreed to contribute to finding a solution to this.

Members acknowledged that the practice had gone as far as reasonably practical to address the concerns of residents but noted that parking was still an issue of concern. Officers advised that this could be addressed with an additional condition requiring parking restrictions to be implemented.

RESOLVED:

That the application be approved subject to the conditions listed in the report and the additional conditions listed below:

Additional Condition

A minimum gap of 1 metre shall be retained between the flank wall of the new surgery and the flank wall of no.38 Moorcroft Road.

Reason: In the interests of the visual amenities of the street.

Additional Condition

Unless otherwise agreed in writing by the local planning authority, the new surgery shall not be brought into use until parking restrictions have been implemented in the vicinity of no.40 Moorcroft Road.

Reason: The new surgery is considered to be likely to result in additional parking on Moorcroft Road which will harm the free-flow of traffic, road safety and existing residential amenity.

REASON:

The proposal, subject to the conditions listed in the report and the additional conditions listed above, would not cause undue harm to interests of acknowledged importance, with particular reference to residential amenity, the character of the area and highway safety. As such the proposal complies with Policies GP1 and C1 of the City of York Development Control Local Plan.

Erection of foodstore with associated parking and landscaping after demolition of existing swimming pool.  [Westfield Ward]   [Site Visit]

Members considered a major full application (13 weeks) from Lidl UK GMBH for the erection of a foodstore with associated parking and landscaping after demolition of the existing swimming pool.

Officers advised that although the agent had submitted additional drainage details, Structures and Drainage still considered some information to be outstanding and recommended that this information be requested through the addition of a Surface Water Drainage (Drain 1) condition which officers considered would also cover the information required by Yorkshire Water.

A letter of support received from Councillor Steve Galloway was circulated to the Committee for information. This expressed his support in principle for the proposed development but questioned the requirements for Condition 17 (cycle parking location, and additional cycle parking), Condition 26 (additional glazing on the Thanet Road elevation), Condition 27 (duo post structure), and Condition 28 (number of parking spaces reduced). In respect of condition 25 (boundary fencing) he suggested that the fencing should be the same as existing at present.

Officers recommended the following amendments to the conditions listed in the report:

§         Condition 17 – remove reference to the siting of the cycle parking adjacent to the entrance but require details of additional cycle parking areas within the car park to be submitted to and approved in writing by the Local Planning Authority before occupation of the building.

§         Condition 25 – revise to require details of the colour of the paladin fence to the northeast and northwest boundaries to be submitted to and approved in writing by the Local Planning Authority.

§         That an additional condition be added requiring the external car park lighting to be switched off a maximum of 30 minutes after the store has closed for business, and switched on a maximum of 30 minutes before the store opens for business.

§         that the reason for approval refer specifically to the “retail impact on Acomb District Centre and the City Centre”

Officers advised that a letter had been received from the Acquisitions Manager from Lidl with regard to the consultation responses shown in the report and other points raised in the report. They also advised that a letter of objection had been received from Peacock and Smith acting on behalf of Morrisons Supermarkets with regard to the Lidl retail study and stating that the proposed store would not comply with certain areas of planning policy, to which the Council’s City Development Team had provided a written response.

Representations were received from a representative of York Natural Environment Trust (YNET) in objection to the application. He reminded Members that Hob Moor had one been linked with Acomb Moor and now that the land was no longer required for a swimming baths there was the opportunity to enable this corridor of open space to exist again.

Representations were also received in objection to the application from a local resident. He urged Members to look into the legal aspect of a Ministry of Housing requirement for the site to be used for a swimming baths.  ...  view the full minutes text for item 59d

Construction of 2-storey building for business use (Class B1) with associated car parking and landscaping (on land to the south of Acer House).

[Rural West York Ward] [Site Visit]

Members considered a major outline application (13 weeks) from Northminster Properties Limited for the construction of a 2 storey building for business use (Class B1) with associated car parking and landscaping (on land to the south of Acer House).

Officers reported an error in paragraph 1.5 of the report which stated the plant/laser room on the roof would be 13m by 7m and which should read 11m by 7m. They also advised that Condition 3 should be amended to remove the word “indicative” and that an additional condition be added requiring that at least 10% of the development’s predicted energy requirements would be provided by renewable energy sources.

Representations were received from a resident in objection to the application. He raised concerns that the proposed development was on safeguarded land within the green belt and this could set a precedent for future applications on safeguarded land. He also expressed concerns over the visual impact of the development stating that it would need to be properly screened.

Representations were also received from a representative of Measurement Devices Limited (MDL) who explained that the company had been established on the business park since 2004 and was serviced by an established skilled local workforce. He explained that due to recent and planned future growth, their current accommodation was no longer suitable and their assessments had shown this site to be the only suitable one for their new headquarters.

The representative from MDL answered Members’ queries in relation to the operations of the company. Members acknowledged that the company had made thorough enquiries and visits in their search for alternative sites and noted that this site was on the edge of a high quality business park and was well shielded. They noted the residents concerns regarding safeguarded land however stated that his was a unique development with unique requirements.

RESOLVED:

That the application be approved, following referral to the Secretary of State, subject to the conditions listed in the report and the amended and additional condition listed below

Amended Condition (re plans) 

The development hereby permitted shall be carried out in accordance with the following plans:-

• Access and layout as shown on drawing A863.2009.05 date stamped 18.12.2009.
• Scale of the building as shown on A863.2009.03B date stamped 18.12.2009.
• Proposed pedestrian route as shown on A863.2009.06 dated Feb2010.

Reason: For the avoidance of doubt and to ensure that the development is carried out only as approved by the Local Planning Authority.

Additional Condition

No building work shall take place until details have been submitted and approved in writing by the Local Planning Authority, to demonstrate how the development will provide from on-site renewable energy sources, at least 10 per cent of the developments predicted energy requirements.  The development shall be carried out in accordance with the submitted details unless otherwise agreed in writing by the Local Planning Authority.  The approved scheme shall be implemented before first occupation of the development.  The site thereafter must be maintained to the required level of generation.

Reason:  To ensure  ...  view the full minutes text for item 59e

Erection of 2 storey creative media centre building and 2 storey link to existing school, erection of single storey changing room facility and associated shelters and stores.  [Rural West York]   [Site Visit]

Members considered a major full application (13 weeks) from the Chair and Governors of Manor Church of England School for the erection of a two storey creative media centre building and a two storey link to the existing school, erection of single storey changing room facility and associated shelters and stores.

Officers updated that the authority’s landscape architect had made further representations suggesting that a number of specimen trees be planted around the proposed informal student hard play area which they supported. They also noted that a further letter of objection had been received requesting that the proposals be reconsidered to allow for a greater depth of tree planting adjacent to the A1237 Outer Ring Road to enable the wider area including the planting associated with the proposed Poppleton Park and Ride and the Wheatlands Community Woodland to form an exemplar green approach to the City.

Officers provided clarification to Members regarding the intended access for construction vehicles onto the site and questioned whether this would be through a field gate close to the level crossing or through the school grounds and noted that there were problems with both options.

Representations were received from the York Natural Environment Trust (YNET) in objection to the application. They advised that they had made alternative suggestions with regard to the proposals put forward and were willing to enter into discussion with the school in order to move forward.

Representations were received from a local resident who expressed concerns about the availability of parking as a result of the expected rise in the number of students due to the increased numbers of diploma students attending the school.

Representations were received from the Headteacher of Manor Church of England School. He explained how the media centre would be a unique facility benefiting students across the city. With regard to the issue of access for construction traffic onto the site he stressed that this should not be through the school grounds for reasons of pupil safety. He provided additional information on how the facilities would benefit students from other schools and the community as a whole.

Members discussed the issue of access to the site by construction traffic. Officers advised that Network Rail had objected to access for construction traffic by the existing field gate due to its proximity to the level crossing. Members agreed that suitable access needed to agreed but stressed that construction traffic should not be allowed to enter the site via the school grounds and asked that a condition to be added to state this. They also requested that sound restricting equipment be installed to protect the amenity of neighbours.

RESOLVED:

That the application be approved, following referral to the Secretary of State, subject to the conditions listed in the report and the amended and additional condition listed below

Amended Condition

Notwithstanding the application details hereby approved full details of the proposed construction site access (other than through the school) and associated compound including location, means of enclosure and mode of surfacing  ...  view the full minutes text for item 59f

Change of use of agricultural land to sports pitches, allotments, and informal landscaped open space. Hard surfaced recreational area and associated footpaths, car parking and ball fencing. [Rural West York Ward]

[Site Visit]

Members considered a major full application (13 weeks) from the Chair and Governors of Manor CE School for the change of use of agricultural land to sports pitches, allotments, and informal landscaped open space, hard surfaced recreational area and associated footpaths, car parking and ball fencing.

A copy of a letter dated 12 March 2010 from Wheatlands Education Community Woodland attaching a letter submitted to the Governors of Manor CE School on 3 March 2010, was circulated to Members for their information. This letter asked the school to give further thought to their proposals and laid down their points of objection. It stressed the importance of tree planting in contribution to the establishment of wildlife corridors and combating pollution and specifically asked for consideration to be given to reconfiguring the site by reducing the areas of playing field, hard informal and car park space so that a much greater depth of woodland could be provided along the A1237 boundary while still incorporating the allotment and orchard areas.

Officers updated that the Authority’s landscape architect had made further representations suggesting that a number of specimen trees be planted around the proposed informal student hard play area. Officers gave their support to this proposal and advised an amendment to Condition 4.

They also advised that a further letter of objection has been received requesting that the proposals be reconsidered to allow for a greater depth of tree planting adjacent to the A1237 Outer Ring Road to enable the wider area, including the planting associated with the proposed Poppleton Park and Ride and the Wheatlands Community Woodland, to form an exemplar green approach to the City.

Officers recommended that an additional condition be added to stipulate a lockable gate should be erected a minimum of 5m within the access to the allotment car park. In response to points raised by Members, officers agreed that this distance should be increased to a minimum of 10metres to allow for a longer car and trailer to park safely while opening the gate.

Representations were received from the following groups and individuals:-

§         Wheatlands Educational Community Woodland, in objection to the application. The speaker suggested deferring the application in order that the applicant could consider planting on the triangle of land by the railway. He pointed out that York did not have a tree strategy or any published guidance on tree planting and reminded Members that trees and green landscaping help to combat climate change, provide soft landscaping and habitats for wildlife and improve physical and mental wellbeing.

§         a local resident in objection to the application. He asked that more time be given in order for the applicant to modify the proposals to allow the creation of a tree belt along the bypass and to find an alternative to the removal of trees along the hedgerow.

§         a further local resident who raised concerns that access into the allotments would be dangerous due to the proximity to the level crossing and questioned the height of the  ...  view the full minutes text for item 59g

Erection of 1no. wind turbine with 18.3m mast. [Rural West York ]  [Site Visit]

Members considered a full application from Mr Val Duggan of Poppleton Junior Football Club for the erection of a wind turbine with an 18.3m mast.

Officers advised Members that in the report it was noted that the Environmental Protection Unit (EPU) had some concerns regarding the noise of the turbine. They advised that the EPU had since carried out a mini noise survey during the night at a weekend and subsequently have no objections to the proposed scheme.

Representations were received from Councillor Vassie in support of the application. He responded to concerns raised in 2 letters of objection with regard to the visual aspect of the proposal, the possible danger to wildlife and the issue of noise pollution. He stressed that the proposal would provide a benefit to the environment by reducing carbon emissions from the football club by approximately 60%.

Members welcomed the proposal and in respect of the issue of noise, one Member compared the noise created by a large wind turbine he had visited elsewhere to a slight whisper.

RESOLVED:

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

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 and the greenbelt. As such, the proposal complies with Policies GP1, GB1, and GP5 of the City of York Council Development Control Local Plan (2005); national planning guidance contained in Planning Policy Guidance 2 "Green Belts", Planning Policy Statement 22 "Renewable Energy" and "Planning for Renewable Energy - A Companion Guide to PPS22".