Agenda and minutes

The following sites were inspected before the meeting.

At this point in the meeting, Members were invited to declare any personal or prejudicial interests they might have in the business on the agenda.

Councillor Gunnell declared a personal and prejudicial interest in plans item  5c (Cygnet Inn, Cygnet Street) as the applicant, who was present at the meeting, was a family friend. She left the meeting for this item and took no part in the debate or vote on this application.

To consider excluding the public and press from the meeting during consideration of annex A to agenda item 7 on the grounds that this item contains information which is classed as exempt under Paragraphs 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.

RESOLVED:             That members of the press and public be excluded from the meeting during consideration of Annex A to agenda item 7 (Enforcement Cases Update) (Minute 23 refers) on the grounds that it contains information that if disclosed to the public, would reveal that the Authority proposes to give, under any enactment or 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. This information is classed as exempt under Paragraphs 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.

To approve and sign the minutes of the meeting of the West & City Centre Area Planning Sub-Committee held on Thursday 14 July 2011 and Thursday 18 August 2011.

RESOLVED:             That the minutes of the meetings of the West and City Centre Area Planning Sub Committee held on 14 July and 18 August 2011 be approved and signed by the Chair as a correct record.subject to Minute 6 (Inspection of Sites) in the minutes of the meeting on 14 July 2011 being amended to show that Councillors Jeffries and Semlyen attended the site visit at 3 Little Stonegate.

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 5pm on Wednesday 19 October 2011. 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.

To determine the following planning applications related to the West and City Centre Area.

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.

Four storey extension to rear to create additional bedrooms and conference rooms and alterations to existing hotel (application to extend time period for implementation of permission 08/01647/FULM). [Guildhall Ward]

Members considered a major full application (13 weeks) from Mr Rishi Sachden for a four storey extension to the rear to create additional bedrooms and conference rooms and alterations to the existing hotel (application to extend time period for implementation of permission 08/01647/FULM).

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 character and appearance of the conservation area, residential amenity, highway safety and flood risk. As such the proposal complies with Policies HE2, HE3, HE10 GP1 and V3 of the City of York Local Plan Deposit Draft.

Internal alterations including creation of a bedroom and two ensuites. [Micklegate Ward]  [Site Visit]

Members considered an application for listed building consent by the Bar Convent (Trust) for internal alterations including the creation of a bedroom and two ensuites.

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 special interests of the listed building. As such, the proposal complies with Policies HE4 and GP1 of the City of York Development Control Local Plan ( 2005) ; and national planning guidance contained in Planning Policy Statement 5 "Planning for the Historic Environment".

Erection of 2 two storey houses and 4 three storey houses with associated parking following demolition of existing public house (revised scheme). [Micklegate Ward] [Site Visit]

Members considered a full application from Mrs Suzanne Shaw for the erection of two 2 storey houses and four 3 storey houses with associated parking following the demolition of the existing public house.

Representations were received from the agent in support of the application. He  stated that the applicant had originally  proposed a block of flats for the site which had been rejected by planning at pre-application stage. An application was then submitted for 6 houses on the site and that no objections had been received in respect of the scheme for 6 houses until 5 months had passed.  The application was then reduced to 5 houses and the application was approved. He advised the Committee that the currently submitted revised scheme provided a better relationship between the site and neighbouring properties, and that as the penultimate house was three-storey and the end house two-storey the impact upon the adjacent facing dwelling would not be harmful.

Members suggested that in respect of design, the row would be more balanced with a two bed house at each end and six houses sat better visually than the 5 approved houses. They raised concerns with the existing approval that if the area at the end of the row was not built on this could potentially be used as a parking space or area where people could hang out. Members asked for clarification on what the space at the end would be used for if no house was build on it. There were advised it would be garden for the approved end house with a 1.6m boundary wall.

Officers advised that the additional house proposed would over-develop the site and the end elevation of the proposed house at plot 1 could be around 8.6m from the front elevation of numbers 7 and 8 Cygnet Street. They advised Members that it would be exceptional to grant a scheme with as small a separation distance as this.

Members acknowledged officers’ concerns regarding overdevelopment and impact on residents amenity but accepted that the area consists mainly of terraced properties and is already quite densely built up, expressing the view that one further property would not change the situation.

Members agreed that there would be little difference in outlook from the living room at 8 Cygnet Street between looking out onto a boundary wall or the gable end of a house

RESOLVED:            

That the application be approved subject to the following conditions.

1             The development shall be begun not later than the expiration of three years from the date of this permission.

Reason:  To ensure compliance with Sections 91 to 93 and Section 56 of the Town and Country Planning Act 1990 as amended by section 51 of the Compulsory Purchase Act 2004.

 2            The development hereby permitted shall be carried out in accordance with the following plans:-   SPD 01 H, HT 01 H

               Reason: For the avoidance of doubt and to ensure that the development is carried out only as approved by the Local Planning Authority.  ...  view the full minutes text for item 22c

Conversion of ground floor flat to fish and chip shop with ground floor extension at rear for storage and seating in eating area, plus first floor rear extension to flat to create three bedroom flat and alteration to vehicle parking and access in forecourt (resubmission). [Acomb Ward] [Site Visit]

Members considered a full application by Mr Kevin Pallister for the conversion of a ground floor flat to a fish and chip shop with ground floor extension at the rear for storage and seating in eating area, plus first floor rear extension to the flat to create a three bedroom flat and alteration to vehicle parking and access in forecourt (resubmission).

Officers recommended an additional condition be added stipulating that the extraction flue serving the cafe/takeaway be painted a dark colour.

Officers advised that a consultation response has been received from Highway Network Management who raised no objection to the proposal subject to three additional conditions being appended to any permission, these being: Highway 9 Vehicular Areas Surfaced, Highway 17 Removal of Redundant Crossing and Highway 18 Cycle Parking Details to be agreed.

Officers drew Members’ attention to the proposed forecourt works and advised them that they largely fall outside of the area of the applicant’s control and are themselves Permitted Development. They asked that Members disregard their detail in determination of this application.

Officers advised that 13 further letters of objection have been received since the agenda was  compiled. These objections raised concerns with regard to the following issues.:

·         proposed parking and access works impinging upon the adopted highway to the detriment of the safety and convenience of highway users;

·         noise from delivery vehicles attending to the proposed business and the associated impact upon the residential amenity of neighbouring properties;

·         possible usage of the rear amenity area serving the proposed flat by users of the cafe/takeaway;

·         impact from noise and odours from the extraction system to the cafe/takeaway use on the residential amenity of neighbouring properties;

·         noise from the proposed cafe/takeaway use and its impact upon neighbouring properties;

·         proposed opening hours and the potential for anti-social behaviour in the locality;

·         adequacy of the drainage arrangements for the premises and possibility of contamination from waste from the takeaway/cafe use;

·         impact of parking associated with the proposed business on the safety and convenience of highway users in the surrounding area.

Officers advised Members that following further investigation it had been established that the conversion of the property into two flats was undertaken over four years ago and as such the use had become lawful. Therefore Policy H8 of the Draft Local Plan may be disregarded in consideration of this application.

A letter which was received from Councillor T Simpson-Laing, Ward Member for Acomb was circulated to members of the committee. The letter raised the following concerns of local residents.

·         Removal of family housing - The property was originally a family house and could be returned to a family house.

·         Lack of suitable, safe and appropriate amenity space.

·         Concerns over pedestrian safety in view of the access to parking area and the location of the pedestrian crossing and bus stop.

·         Overprovision of hot food retail units in this residential area.

·         Long opening hours

Members discussed the issue of parking and the proposals to regulate the frontage with dropped kerbs and a marked  ...  view the full minutes text for item 22d

Internal alteration to visitors toilets including removal of walls. [Guildhall Ward] [Site Visit]

Members considered an application for listed building consent from Mr Andrew Morrison for internal alterations to the visitors toilets including removal of walls.

Officers provided an update on the application. They advised that at the site visit a question had been raised as to whether building regulations approval was required for this work and they confirmed that Part M of Building Regulations would apply to this application.

Members questioned whether the layout of the proposed toilet complied with British Standard 8300 (Design of buildings and their approaches to meet the needs of disabled people. Code of Practice). Officers advised they would look into this issue but noted that granting this application for listed building consent would not affect the freedom to move fixtures and fittings within the room if this was deemed necessary to meet building regulations or comply with BS8300.

Members also questioned whether it would also be possible to incorporate baby changing facilities in the ladies’ and men’s toilets as well as the disabled toilet so as to avoid situations were the disabled toilet is available for a disabled person to use because it was being used to change an infant. The applicant advised that this may be possible in the ladies toilet but that there would not be space in the men’s toilets.

Officers reminded Members that this was an application for listed building consent and therefore these issues were not an requirement which could be imposed as part of this application, however the applicant agreed to take members comments back to the organisation and investigate possible options.

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 special interests of the listed building. As such, the proposal complies with Policies HE4 and GP1 of the City of York Development Control Local Plan ( 2005) ; and national planning guidance contained in Planning Policy Statement 5 "Planning for the Historic Environment".

Alterations to existing music building and erection of new single and two storey music and arts building. Minor alterations to assembly hall. [Guildhall Ward]  [Site Visit]

Members considered a major full application (13 weeks) by Bootham School for alterations to the existing music building and the erection of a new single and two storey music and arts building as well as minor alterations to the assembly hall.

Officers explained that with regard to sustainability, condition 3 required the development to be constructed to a BRE Environmental Assessment Method (BREEAM) standard of “very good”. Officers advised that the school had requested that the requirement for an assessment to be carried out be waived due to the prohibitive cost of this. However officers remained of the view that the requirement for a BREEAM assessment should be retained as a condition as it was council policy for developments of this size.

Officers also drew Members attention to condition 4 which requires 10% of the development’s predicted energy requirements to be provided from on-site renewable energy sources. They advised that the applicant had requested that this condition be relaxed as their intention had been for photovoltaic panels to be situated on the sweeping roof but this roof was now to be a sedum roof therefore there would be fewer photovoltaic panels. They advised that the school still hoped to achieve the 10% level. They pointed out that the condition had a caveat which with the agreement of the local planning authority could provide flexibility by acknowledging that there were other ways of achieving the 10%  such as air source heat pumps and a biomass boiler. 

Representations were received from a local resident in objection to the application. She informed Members that the proposals did not preserve nor enhance the character or appearance of the conservation area. She expressed regret that some trees, which had been dedicated with plaques, would be removed during the development work. She advised Members that the window of the performing space would look directly into her living room window. She noted that the report stated that residents would not be disturbed by the building work, but advised Members that she had been woken early the previous day by building work. In response to a query from Members, she stated that, according to the report, her property was 29m from the proposed building but in her opinion it was between 20 – 26m away.

Representations were also received from the school’s Building Development Manager. He explained that the school had set out on a development programme which would take 5 years to achieve. He confirmed that there was no intention to increase student numbers, only to improve facilities for the students. He advised that the current music facilities were poor, although the  school employed two full-time music teachers and 26 peripatetic teachers. He advised that the current art facilities offered little room for expansion but the new proposed space would provide enough space for music, art and drama with drama inheriting the former art space and gaining a studio. He advised that they were expecting a BREEAM pre-assessment rating of very good or excellent explaining that they  ...  view the full minutes text for item 22f

New Music and Art building, including alteration and extension to Assembly Hall building. [Guildhall Ward]  [Site Visit]

Members considered an application for listed building consent by Bootham School for a new music and art building, including alterations and extension to the Assembly Hall building.

RESOVLED:             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 impact on heritage assets.  As such the proposal complies with Policy HE4 of the City of York Development Control Local Plan.

Permanent retention of smoking shelter to rear following approval of temporary planning permission dated 13.05.2010. (10/00376/FUL) [Micklegate Ward] [Site Visit]

Members considered a full application from Mr Stephen Rodwell for the permanent retention of a smoking shelter to the rear of the hotel following approval of temporary planning permission dated 13.05.2010 (10/00376/FUL).

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 character and appearance of the Central Historic Core Conservation Area and the impact on residential amenity. As such, the proposal complies with Policies HE2, HE3 and GP1 of the City of York Development Control Local Plan.

Change of use from retail (use class A1) to hot food takeaway (use class A5) with extract grille to first floor window (retrospective). [Guildhall Ward]

Members considered a full application from Mrs S Caglar for the change of use from retail (use class A1) to hot food takeaway (use class A5) with extract grille to the first floor window (retrospective).

Officers advised that the Environmental Protection Unit (EPU) had commented on the existing extraction system and stated that it was not acceptable in terms of its environmental impact. EPU recommend that a kitchen extraction system be installed at the premises which is adequate for the treatment and extraction of fumes so that there is no adverse impact on the amenity of occupiers of nearby premises by reason of fumes, odour or noise. In view of these comments from EPU, officers recommended an additional reason for refusal based on concerns regarding unsuitable extraction methods.

Members were shown a photograph of the front of the building which showed how a pane of glass in a first floor window to the front of the building had been removed to allow for an extraction vent to be fitted. Member agreed that this had caused harm to the character of the listed building and that the current extent of the ventilation system was inadequate for the current purpose of the building.

RESOLVED:             That the application be refused.

REASON;                  It is considered that the blanking in of one of the lower panes to the first floor window and the insertion of a vent detracts from the architectural interest of the building. The works are therefore harmful to the character of the building and its contribution to the character and appearance of the Central Historic Core Conservation Area and there is inadequate justification and no public benefits that outweigh the harm caused. As such the proposals are contrary to PPS5; Planning for the Historic Environment, and policies HE3 and HE4 of the City of York Draft Local Plan.

The existing kitchen extraction system is not adequate for the treatment and extraction of fumes and therefore is likely to impact on the amenities of surrounding occupiers as a result of fumes, odour or noise. As such, to allow the development would be contrary to policy S6 of the Draft Local Plan which states that permission for A3 uses (food and drink) will be granted provided acceptable external flues and means of extraction have been proposed and any likely impact on the amenities of surrounding occupiers as a result of traffic, noise, smell or litter would be acceptable.

This report (presented to both Sub Committees and Main Planning Committee) informs Members of the Council’s performance in relation to appeals determined by the Planning Inspectorate in the 3-month period up to 30th June 2011, and provides a summary of the salient points from appeals determined in that period. A list of outstanding appeals as at 30^th August 2011 is also included.

Consideration was given to a report, which was also being presented to the main Planning Committee and East Area Planning Sub-Committee informing Members of the Council’s performance in relation to appeals determined by the Planning Inspectorate in the 3 month period up to 30 June 2011. The report also provided a summary of the salient points from the appeals determined in that period together with a list of outstanding appeals as at 30 August 2011. 

RESOLVED:             That the report be noted.

REASON:                  To update Members on appeal decisions within the City of York Council area and inform them of the planning issues surrounding each case for future reference in determining planning applications.          

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.

If Members have any specific queries or questions regarding enforcement cases, please e-mail or telephone Andy Blain or Matthew Parkinson by 5pm on Tuesday 18 October 2011if possible so that officers can bring any necessary information to the meeting.

If Members identify any cases on the list which they consider are not now expedient to pursue and / or could now be closed e.g. due to a change in circumstance on site or the alleged breach no longer occurring, please could  they advise officers either at the meeting or in writing, as this would be very helpful in reducing the number of cases, particularly some of the older ones.

Members please note that due to a software problem officers were unable to provide the Cases Closed update in size 14 font.

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’s area.