Agenda and minutes

At this point, Members are asked to declare any personal interests not included on the Register of Interests, any prejudicial interests or any disclosable pecuniary interests which they may have in respect of business on this agenda.

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

Councillor Gillies declared a personal non prejudicial interest in plans item 4a (9 Precentors Court) as he is a director of Visit York. He advised the committee that Visit York have received correspondence in respect of this application although he had not been involved in this.

To approve and sign the minutes of the meeting of the West & City Centre Area Planning Sub-Committee held on Thursday 18 October 2012.

RESOLVED:       That the minutes of the last meeting of the West and City Centre Area Planning Sub-Committee held on 18 October 2012 be approved and signed by the Chair as a correct record.

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 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.

Change of use from dwelling (Use Class C3) to Guest House (Use Class C1) [Guildhall Ward] [Site Visit]

Members considered a full application from Mr Nick Williams for the change of use from a dwelling (Use Class C3) to a Guest House (Use Class C1).

Officers circulated a written update to the committee which included comments made in correspondence received from the following people:

The applicants, stating:

·        The business will employ 3 staff

·        The business has the full support of Visit York

·        Only local suppliers will be sourced for provision to the business

·        The business will not affect the balance of residential v commercial properties in Precentors Court. 50% of the bedrooms at No 9 will be in use by the owners of the property who will be in full time residency. The 7 new town houses and 3 flats within the Purey Cust balance the amount of residential properties in the vicinity.

·        The business will not affect parking within the street due to the existing legal restrictions being in place and the location being very well served by local trains and busses. There is also ample room for dropping off

·        The applicant doesn’t own a car

·        The percentage of guests dropping off will be small due to 70% of people using train or using parking permits for local car parks. The permits will generate approx £2,500 per annum for York Council (based on max 1 car per day x £7 = 2 permits per overnight stay) with Marygate car park being the closest

·        Noise will not be an issue due to the rooms being in an owner occupied house and no access will be given to the guests to the walled gardens which will only be in use by the owners.

Visit York, in support, stating::

·        Change of use would benefit the City

·        The owners already run a successful B&B

·        Believe there is a genuine need for top level B&B

An objector stating:

·        NPPF states heritage assets are irreplaceable and not enough emphasis has been placed on this aspect

·        Application site is a heritage asset and so is the street and all the neighbouring properties

·        Approval would set a precedent

·        The change of use would not maintain or enhance the immediate area

·        Majority of visitors will arrive by car. Even if they arrive by train they are likely to get a taxi to the guest house, increasing traffic in the location

·        Lack of parking means it is not compatible with its surroundings

·        Visitors will park illegally

·        Illegal parking prevents residents cars from backing out or turning

·        Workmen at the site have blocked neighbours car in by parking illegally but these can be move as the owner of the vehicle is on site. If visitors leave their cars they may not be able to locate the owner as easily

·        Can a condition be added to restrict the use of the private garden

·        If approved it would have a serious impact upon highways, amenity of neighbours, noise and the general character of the area.

With the agreement of the Chair, two letters of objection were circulated to  ...  view the full minutes text for item 33a

Erection of 1no. Detached dwelling house (revised scheme)

[Micklegate Ward] [Site Visit]

Members considered a full application from The Mount School for the erection of a detached dwelling house (revised scheme).

Officers advised that comments had been received from Councillor Fraser, Ward Member for Micklegate Ward and a copy was circulated to the Committee for their information. This put forward concerns of residents, mainly from St Aubyn’s Place, pointing out that that the current application is for a larger development than previously approved with almost all the windows facing into St Aubyn’s Place as well as a terrace and balcony, both also facing St Aubyn’s Place, raising concerns about overlooking. It also raised concerns regarding the inadequacy of screening provided by existing and proposed trees, the adequacy of the drainage arrangements and the potential for the development to become a bed and breakfast establishment in the future exacerbating the potential for overlooking. The Committee was asked to either reject the application or, if minded to approve the application, to apply conditions to address these concerns.

Officers advised that a further letter of representation has been received from the occupier of 22 St Aubyn’s Place expressing concern in respect of the impact of the proposal on their residential amenity and the surrounding landscape.

Officers recommended that the following conditions be revised

·        Condition 2 - Addition of drainage scheme to the list of approved plans:

·        Condition 5. Amend reason for condition to include reference to protecting existing trees.

·        Condition 8. Revised wording to require permanent retention of landscaping scheme unless otherwise approved and its implementation prior to the occupation of the dwelling:

Officers drew Members attention to paragraph 4.4 of the report which stated that the revised scheme envisages a greater proportion of the proposed accommodation fronting onto Love Lane and advised them that he did not agree with this statement. They clarified that the living areas were at upper level rather than the bedrooms and asked Members to consider the impact of the current proposals on neighbours in comparison to the previous proposals.

Representations were received from Mrs D Heigh, a neighbour, in objection to the application. She made the following comments:

·        in the previous application the principal living areas overlooked Love Lane - now all the living accommodation faces south towards St Aubyn’s Place. A large balcony and terrace will look down over our houses.

·        Proposed screening is not sufficient - the large deciduous trees are to one side and will not block it. The hedge will be below the boundary wall and the wall will not provide screening.

·        Previous proposals were preferential to these.

·        There would be a significant loss of privacy to homes and gardens in St Aubyn’s Place

Representations were also received from Mr Gardiner, the applicant. He explained that he had bought the plot and had then undertaken investigations as to how the design could be improved in order to build a sustainable carbon neutral building. He made the following points:

·        House would be located as far as possible on the plot from St Aubyn’s Place

·        House  ...  view the full minutes text for item 33b

Retention of pavement cafe on public highway. [Guildhall Ward] [Site Visit]

Members considered a full application from the West Cornwall Pasty Company for the retention of a pavement cafe on the public highway.

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, causes no undue harm to interests of acknowledged importance, with particular reference to the vitality and viability of the city centre, the visual amenity and character of the listed building and the wider conservation area, highway safety and the amenity of adjacent users. As such, the proposal complies with Policies S6, HE2, HE4 and GP1 of the City of York Development Control Local Plan ( 2005) ; and national planning guidance contained in the National Planning Policy Framework.

Dormer to front and 2no. rooflights to rear. [Guildhall Ward]

Members considered a full application by the BTD Pension Scheme for a dormer to the front and two rooflights to the rear.

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 impact on heritage assets and amenity. As such the proposal complies with Policies GP1, HE3 and HE4 of the City of York Development Control Local Plan.

Internal and external alterations including dormer to front and 2no. rooflights to rear. [Guildhall Ward]

Members considered an application for listed building consent for internal and external alterations including a dormer to the front and two rooflights to the rear.

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 impact on the listed building. As such the proposal complies with Policy HE4 of the City of York Development Control Local Plan.

Variation of condition 5 of planning permission 11/02339/FUL to extend opening hours to allow the hot food takeaway to open from 12.00 to 20.30 on Sundays. [Acomb Ward] [Site Visit]

Members considered a full application from Miss Lynette Barton for the variation of condition 5 of planning permission 11/02339/FUL to extend opening hours to allow the hot food takeaway to open from 12.00 to 20.30 on Sundays.

In response to a query which had been raised at the site visit regarding accidents near the site, Officers confirmed that there were no records of any injury accidents during the last three years.

Officers requested that their recommendation to approve the application be amended to give them delegated authority to approve the application following further discussions with the case officer regarding imposing the conditions from the original planning permission.  They explained that the case officer had not been available to discuss this prior to the meeting.

RESOLVED:       That delegated authority be given to officers to approve the application subject to the conditions listed in the report and any conditions from the original planning permission which remain relevant.

REASON:           The proposal would not cause undue harm to interests of acknowledged importance, with particular reference to impact upon the residential amenity of neighbouring properties. As such the proposal complies with Policies GP1 and S6 of the City of York Development Control Local Plan.

Variation of condition 3 of planning permission 12/01249/FUL to extend opening hours until 02:30 every day. [Guildhall Ward]

Members considered a full application from Mr Bora Akgul for the variation of condition 3 of planning permission 12/01249/FUL to extend opening hours until 02.30 every day.

Representations were received from Mr A Smart, local resident in objection to the application. He made the following points:

·        Residents living nearby continue to be disturbed by noise coming from Swinegate Court East – we need to ensure level of noise disturbance is reduced.

·        Owner has not adhered to conditions agreed at the last meeting and is continuing to operate outside the agreed opening hours.

·        The outside areas of other local bars have to be cleared earlier in the evening due to proximity to residential dwellings.

·        We cannot continue to be subjected to this level of disturbance, having to clear up broken bottles, vomit etc.

Representations were received from Mr B Crux, a York resident in objection to the application. He raised the following concerns:

·        Since the premises had been granted planning permission retrospectively for change of use to a drinking establishment in August they had flouted planning law by continuing to operate beyond midnight. The council failed to take enforcement proceedings regarding this.

·        The lack of direction offered by the Council with regard to the city centre’s future in view of the effect of future development at Monks Cross.

·        The mis-use of the planning system.

·        Approving this application could open up the floodgates to others wanting to convert from retail to drinking establishments.  

Representations were received from Ms H Ramli, the agent for the application. She made the following points:

·        Before change of use was granted, the premises could remain open until 1.30 am (including courtyard). When Members agreed the change of use they added a condition to require the premises to close at midnight. We were told that this was so we were in line with the closing times of other nearby premises but this is incorrect.

·        At the licensing hearing the Environmental Protection Unit and police had not raised any noise issues but imposed strict conditions on the licence.

·        Members need to consider how genuine the objections are – it is surprising that no objections have been made to other applications for change of use in the vicinity – however these other applications also demonstrate there is still a demand for late night drinking establishments in the area.

Representations were received from the owner of the restaurant in support of the application. He put forward the following points:

·        Don’t believe the disturbance is caused by his customers – there are many other bars nearby

·        Has a 400 signature petition signed by his customers who wish the premises to stay open until 2.30am.

·        Bora Bora is only a small bar. Music is not played in the outside area which is just used for people sitting.

Officers reminded Members that prior to August the premises had permission for A1/A3 mixed use rather than A1 and that their decision cannot take into account that the usage is retrospective but must deal  ...  view the full minutes text for item 33g

Variation of condition 5 of planning permission 12/01910/FUL for restaurant/bar to extend opening hours to allow premises to open till 02:00 every day. [Guildhall Ward]

Members considered a full application from Mr Osman Doganozu for the variation of condition 5 of planning permission 12/01910/FUL for restaurant/bar to extend opening hours to allow premises to open until 02:00 every day.

Officers advised that a further letter had been received from a resident of Grape Lane objecting as there are already problems with the volume of noise with people leaving Lucia’s and other bars especially at closing time.

Officers advised that checks had been made by the Environmental Protection Unit (EPU) on Esperanza during the first week of November and it had been confirmed that both the conditions relating to the noise limiter and the plant and machinery have been satisfactorily complied with.  EPU have advised that the external extraction/refrigeration equipment is now almost inaudible at residential properties when measured and the condition is complied with.  In addition, the internal sound limiter has now been set by Officers at a level where the music is inaudible within residential properties. A second report of sound measurements at Lucia & Esperanza was submitted on 13 November 2012 and  EPU commented that the report accurately reflected their observations on the night of the assessments.  Within the report, it stated that the audible bass music could have been from other licensed premises nearby.  After leaving the resident’s property, EPU tracked down the audible music to Bar 1331. EPU reiterated that following compliance with the two previously applied conditions, officers did not consider that the noise from the premises would be detrimental to the amenity of the area.

Officers drew Members attention to paragraph 4.7 of the report and stated that this did not accurately reflect the discussion by Members at the meeting. It should refer to the fact that Members had taken into account the general late night custom and noise in the street.

Representations were received from Mrs Jane Smart in objection to the application. She expressed the following concerns.

·         At the last meeting, a condition had been agreed requiring a closing time of midnight due to close proximity of nearby residential premises.

·         The applicant has continually breached any condition imposed – but no enforcement action has been taken even though several letters have been sent to the council.

·         We suffer from sleep deprivation – noise comes up through the ceiling of the premises into our home (presume ceiling is not insulated). Noise from courtyard rebounds off other buildings and is heard in our flat. 

·         Area used to be a good mix of residential, retail premises and bars but recently there has been a move in favour of late night drinking establishments.

Representations were received from Mr Barry Crux, a York resident, in objection to the application. He raised the following issues.

·         The approved change of use gives the operator  the option of operating the whole of the premises as a restaurant or the whole of the premises as a bar.

·         Activities undertaken by the applicant are in breach of the conditions.

·         Proper guidance is needed in making decisions or this  ...  view the full minutes text for item 33h

First floor rear/side extension to form new archive repository and installation of 3.no. roof cowls on existing roof (York explore Phase II) [Guildhall Ward] [Site Visit]

Members considered a full application for a first floor rear/side extension to form a new archive repository and the installation of three roof cowls on the existing roof (York Explore Phase ll)

Officers advised that a further response had been received from the Authority’s Conservation Officer along with English Heritage. They advised that condition 5 (Large Scale Details) be extended to require further details to be submitted.

Officers briefed the committee on the changes which were proposed. The  Council’s conservation architect showed the committee examples of the proposed materials to be used for the box and the flashing and explained how these would change colour over time. She explained that the applicant’s approach to the scheme was to make the extension different so one is still able to read the existing building.

Representations were received from Mr Daggett, a local resident. He expressed support for the application to provide facilities for a new archive however he expressed dismay at the decision to use a metal clad extension and expressed the view that this would look more integral if the flashing strip was omitted. He also raised concerns about the proposals for the first floor foyer area and oculus which in his opinion would spoil the sequence of spaces by being over cluttered. He asked that the oculus be left as a feature in its own right.

Representations were also received from Mr J Beadnell, the architect, in support of the application. He spoke briefly and advised the committee that there was a lot of support for hosting the archives within the library building including support from English Heritage and the works proposed would make the building look cleaner and nicer. In response to a query from a Member regarding windows, he explained that it was important to avoid having windows in an archive store as these would allow in ultraviolet light. Instead the store would be lit by controllable artificial light and would incorporate controls for temperature and humidity.

Representations were also received from Richard Taylor, the Council’s Archives and Local History Development Manager. He advised Members that York had the best city archive outside London. He explained that one of the basic conservation principles was reversibility and that anything built should be reversible. This box has been designed to is could be removed in future and leaving no trace behind. He explained that when WH Brierley designed the building it was a new building for York and that this extension should clearly be a modern addition. Public consultation had been undertaken during the summer. By decluttering the first floor foyer and occulus, they would improve this space and allow visitors to access electronically  information from the archives.

Members expressed their support for the proposals. They agreed that the right decision had been taken to retain the archives within the city and the priority was to house the archives in the most secure, protected but accessible environment as possible. They acknowledged that this may not always  ...  view the full minutes text for item 33i

Internal and external alterations including first floor extension to side/rear elevation, installation of 3 no. roof cowls and internal refurbishments to existing ground and first floors (York Explore Phase II) [Guildhall Ward] [Site Visit]

Members considered internal and external alterations including a first floor extension to the side/rear elevation, the installation of three roof cowls and internal refurbishments to the existing ground and first floors (York Explore Phase II)

Officers advised that a further response had been received from the authority’s Conservation Officer along with English Heritage. As a result of this they advised that condition 7 be expanded to require further large scale details to be submitted and approved. Officers also advised that further conditions be added as follows:

·        Condition 10 - Samples of acoustic panel and focus wing to be erected in the Marriott Room and Learning Room 2 to be submitted and approved.

·        Condition 11 – details of all electrical wiring runs and sockets serving display cabinets to the oculus on first floor to be submitted and approved.

·        Condition 12 – full details of proposed internal light fittings including method of attachment to be submitted and approved.

·        Condition 13 – full details of the method, means and location of storage for the items of fixed furniture and other internal fittings not to be retained as part of the refurbishment scheme to be submitted and approved.

·        Condition 14 – method statement outlining the maintenance regime for the extensions to be submitted and approved.

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

Amended Condition 7

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 development and the works shall be carried out in accordance with the approved details.

i) The new gate including finish;

ii)The fire escape door;

iii) 1:5 section through the upgraded roof structure to illustrate how the roof lights would be integrated;

iv) The planar glass roof light located below the plug-in link extension;

v) 1:5 section and elevational drawing for the secondary glazing to be incorporated into the window reveals of the children's library;

vi) 1:5 section drawings/details of all junctions and flashing positions between the original building and the "plug in" extension;

vii) 1:20 scale elevation and sectional drawings of the escape staircase including details of the materials and finish of the service ducts and escape staircase area;

viii) 1:5 Section drawings /details of the junction and flashing positions to the service ducts and escape staircase;

ix) The new mechanical ventilation units on the flat roof area serving the Family History Room including any enclosure;

x) The ladder safety attachment to the first floor extension;

xi) The new louvred panelled doors to the plant room, new gate and roof covering to the cycle parking including details of all materials and finishes;

xii) The roof fall arrest system;

xiii) The external works to facilitate disabled access to the rear entrance.

Reason: So that the Local Planning Authority may be satisfied with these details.

Additional Condition 10

Prior to the commencement of the development hereby authorised samples of  ...  view the full minutes text for item 33j