Agenda and minutes

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.

No interests were declared.

To consider excluding the public and press from the meeting during consideration of the Annexes to agenda item 6 (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.

RESOLVED:             That the press and public be excluded from the meeting during consideration of the Annexes to agenda item 6 (Enforcement Cases Update) on the grounds that they contain 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 as exempt under Paragraph 6 of Schedule 12A to Section 100A of the Local Government (Access to Information) (Variation) Order 2006.

To approve and sign the minutes of the last meeting of the Sub-Committee held on 14 December 2006.

RESOLVED:             That the minutes of the meeting of the Sub-Committee held on 14 December 2006 be approved and signed by the Chair as a correct record subject to the addition to Minute 45a) (Land adjacent to Concorde Park, fronting Amy Johnson Way, York 06/02102/FULM) of the following additional resolution:

ii) That Officers be requested to review the cycle arrangements with the developer to see whether the parking could be located in a more secure, convenient and safely accessible location on the site.

Arising out of consideration of the Minutes, Cllr Watson questioned when the Sub-Committee would consider the application at Hoxne Farm, Sheriff Hutton Road, Strensall (Minute 45e) as the application had been deferred to the January meeting. Officers confirmed that there were still a number of points that required clarification but that this application would be brought back to the Sub-Committees meeting in February.

At this point in the meeting members of the public who have registered their wish to speak regarding an item on the agenda or an issue within the Panel’s remit can do so. Anyone who wishes to register or requires further information is requested to contact the Democracy Officer on the contact details listed at the foot of this agenda. The deadline for registering is Wednesday 10 January 2007 at 5.00pm.

Vic Paylor, Chair of Clifton Without Parish Council, spoke to the Sub-Committee under the Councils Public Participation Scheme on an issue within the Sub-Committee’s remit.

Mr Paylor referred to the Clifton Hospital site and the Section 106 Agreement, which had been conditioned as part of the planning application in March 1995. He referred to a meeting, which had taken place approximately 4 years ago between the City of York Council and the developers. Since that time the Parish Council had been endeavouring to ensure that all the agreed works were completed and he requested the Sub-Committees support to reinforce their requests. The main problems related to the land transfer which was with the Council’s legal department and which was preventing progress with the various works. Part of the Agreement related to a 5 year maintenance programme for the site, which could not be undertaken together with problems with security and incorrect notices displayed at the sewage site. He expressed thanks to Bob Missin, Countryside Officer, who had assisted the Parish Council in pursuing matters and he now requested the Sub-Committees support for the completion of the Section 106 Agreement.

With Members agreement, the Chair requested a report back from Officers to the 15 March 2007 meeting of the Sub-Committee with a copy of the report forwarded to Clifton Without Parish Council.

Members will consider a schedule of reports of the Assistant Director (Planning and Sustainable Development), relating to planning applications in the East Area 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

Installation of floodlighting for golf driving range and planting of coppice (retrospective). [Strensall Ward]

It was reported that this full application, submitted by R G Chapman, for the installation of floodlighting for a golf range and planting of coppice (retrospective), had been withdrawn by the applicant.

Officers confirmed that enforcement action would be pursued in connection with the floodlights on the site.

External alterations to front and rear, new gable roof extension and addition of mezzanine first floor to part of Unit 2. [Skelton, Rawcliffe, Clifton Without]

Members considered a Full Application, submitted by Shopping Centres Ltd, for external alterations to front and rear, new gable roof extension and addition of mezzanine first floor to part of Unit 2.

Officers confirmed that this application was for external and internal alterations to the Northern Electric Plc premises with the construction of a mezzanine to the first floor. It was reported that the total floor area of Unit 2 was 1367 sq. m and, following the proposed split into two units, the area of 2A would be 545 sq. m and 2B, including the proposed mezzanine, 1636 sq. m. Officers also confirmed that the proposal met Highway requirements.

Members requested further details in relation to the Greater York Shopping Policy and what limit to the increase in the range of goods sold, or the reduction in size of retail units, which would be acceptable at out of town retail centres. Officers confirmed that the City Development Unit, were satisfied that the proposal did not harm the York city centre and they therefore raised no objections. 

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

REASON:                             In the opinion of the Local Planning Authority 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 vitality and viability of York City Centre and the amenities of the locality. As such the proposal complies Policies S2, GP1, SP7A, SP6 and S1 of the City of York Local Plan Deposit Draft.

ii)That further information be sought from the City Development Unit in relation to the Greater York Shopping Policy to include figures to show the limit to the increase in the range of goods sold, or the reduction in size of retail units, which would be acceptable at out of town retail centres and that this information be emailed to all Sub-Committee members.

Variation of condition 5 of planning permission 3/104/141AD/PA to extend the type of goods sold from part of Unit 2. [Skelton, Rawcliffe, Clifton Without]

Members considered a Full Application, submitted by Shopping Centres Ltd, for the variation of Condition 5 of planning permission 3/104/141AD/PA to extend the type of goods sold from part of Unit 2.

Officers updated that a figure in the report required amendment, in paragraph 1.8 Condition 5 should read “not exceeding 92,500sq ft” and that Condition 3 under the recommendation for approval had been reworded to make it more comprehensive for the avoidance of doubt. Details of which were circulated at the meeting.

Certain Members expressed concern that the limit would soon be reached when out of town centres would affect the viability of the city centre and they questioned the availability of sites in the city. Officers confirmed that each application was assessed on its merits as to its possible affect on the city centre.  Other Members confirmed their support for the application as they felt that there was a need for the sale of this type of goods at the Clifton Moor Retail Park and that this would bring back into use a unit, which had been vacant for some time.

RESOLVED:That the application be approved subject to the conditions listed in the report and subject to the replacement of Condition 3 with the following:

                                                The range of goods to be sold in the ground and mezzanine floor of unit 2b as approved by this decision shall be restricted in accordance with the Greater York Shopping Policy (GYSP), so that the sale of the following goods shall be limited to ancillary sales only.

                                                a) men’s, women’s and children’s clothing and footwear.

                                       b) fashion accessories.

                                                c) watches and jewellery.

                                                d) music and video recordings and video.

e)cameras including camcorders and photographic equipment.

                                       f) domestic TV video and hifi equipment.

                                       g) toys.

                                       Except that up to 45% (736 sq. m.) of the gross floor space of the unit, including mezzanine (1636 sq. m.)  will allow for the sale of clothing, footwear and homeware.

                                                Reason: In order to prevent the unit being used as open retail and conflicting with retail uses in the city centre.

REASON:                    In the opinion of the Local Planning Authority 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 vitality and viability of York City Centre. As such the proposal complies Policies S2, GP1, SP7A, SP6 and S1 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:                        i)            That the report and updates be noted.

ii)                  That Officers provide Members with an update on City of York Council planning policy as it relates to the development of accommodation incidental to the main dwelling e.g. granny flats.

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