Agenda and minutes

The following site was 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 Moore stood down from the Committee for agenda item 4d (Land lying to the South of Centurion Office Park, Tribune Way, York) under the provisions of the Planning Code of Good Practice and spoke from the floor as a Ward Councillor and did not take place in the discussion or decision thereon. Councillor Cregan chaired this item.

To approve and sign the minutes of meetings of the Sub-Committee held on 9 and 30 August 2007.

RESOLVED:             That the minutes of meetings of the Sub-Committee held on 9 and 30 August 2007 be approved as a correct record and signed by the Chair.

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 Sub-Committee’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 12 September 2007 at 5.00pm.

It was reported that there had been no registrations to speak under the Council’s Public Participation Scheme.

To determine the following planning applications related to the East 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.

Single storey pitched roof side and rear extension after demolition of garage [Skelton, Rawcliffe and Clifton Without Ward].

Members considered a full application, submitted Mr N Winn, for a single storey pitched roof side and rear extension after demolition of garage.

Officer updated that an email had been received from a neighbouring objector who was unable to attend the meeting but who had requested deferment of the application to a later meeting.  They also updated that the application should read “demolition of car port” rather than “garage” in the details on page 28 of the report. The Chair confirmed that the objector had been able to make his views know at the site visit, the previous day. Members therefore confirmed that they would not be requesting that the application should be deferred.

The Chair stated that the footing works already undertaken had been observed at the site meeting it appeared to cover a large percentage of the rear garden.

Representations from the applicant’s agent were made in support of the application. He stated that the applicant proposed to demolish his carport and carry out any related works to his neighbour’s adjoining car port, and he felt that the scale of the extension was in keeping with the area. The extension was a similar width to that at No 18 Byron Drive and it was felt that this would not result in any loss of light to the neighbour’s kitchen. He stated that the applicant was a joiner who would be using the garage to store tools and materials.

Members stated that this extension would be approximately 4.5m longer than the extension at No 18 Byron Drive and that this had caused some concern at the site visit. It had been felt that the amenity of the neighbour would be affected owing to the dominant effect of the expanse of brick wall.

RESOLVED:            That the application be refused.

REASON:      It is considered that the proposed extension would result in an unacceptable impact on the amenity and living conditions of the occupiers of the adjacent dwelling (22 Byron Drive) by virtue of its size, scale, massing and proximity to the boundary and the loss of light and outlook that would result.

External alterations to, and construction of first floor within units 18 and 19 [Huntington and New Earswick Ward].

Members considered a major full application, submitted by Monks Cross Shopping Park Trust, for external alterations to, and construction of first floor within units 18 and 19.

Members questioned whether the parallel application under consideration to vary a condition of the outline planning consent to allow the sale of an extended range of goods would set a precedent and affect the viability of the city centre. Officers confirmed that  each application would be considered on its merits.

Some concerns were expressed regarding the increased traffic levels that this development may generate.

RESOLVED:That the application be approved, subject to the conditions outlined in the report.

REASON:      In the opinion of the Local Planning Authority the proposal, subject to the conditions listed, would not cause undue harm to interests of acknowledged importance, with particular reference to:

- the impact on the viability and vitality of the city centre retail function;

- the impact on the surrounding highway network and highway safety;

- visual amenity;

- the fallback position available to the applicant.

As such the proposal complies with  Policies GP1, S2, SP6, SP7a, SP7b and SP8 of the City of York Local Plan Deposit Draft.

Erection of food store with associated car parking, access and landscaping (resubmission of 06/02293/FULM) [Huntington and New Earswick Ward].

Members considered a major full application, submitted by Aldi Stores Ltd, for the erection of food store with associated car parking, access and landscaping (resubmission of 06/02293/FULM).

Copies of the addendum to the planning and retail statement, that was submitted as part of the application, had been circulated to Members.

Representations were received in support of the application, from the applicant’s agent.

Members expressed concern that the site had not been satisfactorily marketed to test whether there was a demand for an employment use there.  Councillor Hyman proposed, and Councillor Funnell seconded, a motion to refuse the application for this reason.  On being put to the vote, the motion was lost.

Members also expressed some concerns relating to the lighting scheme, the provision of a trolley park and car parking, and agreed to add planning conditions to the application to control these issues.

RESOLVED:That the application be approved, subject to the conditions listed in the report and the following additional conditions:

(i) “Prior to the commencement of development details of the car park lighting, including the position and height of the lighting columns and the illumination level of the lights, shall be submitted to and approved in writing by the Local Planning Authority.  The lights shall be installed and operated in accordance with the approved plans.

Reason:  In order to reduce light pollution.”

(ii) “Prior to the commencement of development details of the car park layout, including disabled and parent parking bays, shall be submitted to and approved in writing by the Local Planning Authority.  The development shall be carried out in accordance with the approved plans.

Reason: To create good accessibility by minimising the distance between the store entrance and the car parking bays.”

(iii) “Prior to the commencement of development details of the car park based trolley bays shall be submitted to and approved in writing by the Local Planning Authority.  The development shall be carried out in accordance with the approved plans.

Reason: To minimise the distance between the parking bays and the trolley drop off point, therefore allowing ease of use for people with disabilities.”

REASON:      In the opinion of the Local Planning Authority the proposal, subject to the conditions listed, would not cause undue harm to interests of acknowledged importance, with particular reference to the impact on the street scene and retail planning issues.  As such the proposal complies with Policies GP1, GP3, SP7a, E3b, T4 and T7c of the City of York Draft Local Plan.

Outline application for the erection of care home (C2 use) [Skelton, Rawcliffe and Clifton Without].

Members considered a major outline application, submitted by Keyland Gregory Ltd, for outline application for the erection of a care home (C2 use).

A copy of the case officer’s update, including a revised recommendation of approval with conditions, and a letter from a potential occupier of the site were circulated to Members.

Representations were received in support of the application, from the applicant’s agent, and from Cllr Moore, one of the Ward Councillors.

Members expressed concern that the development would provide a poor quality living environment and an unsatisfactory outlook for residents of the care home, and that access was through a business park, which would deter residents from accessing local services and facilities.

RESOLVED:            That the application be refused.

REASON:      It is considered that the location of the proposed care home, namely within an established business park, would provide a poor quality living environment and an unsatisfactory outlook of a business/industrial nature for residents of the care home.  Access to and from the residential unit is through a business park consisting of B1 and B8 uses which would act as a perceived barrier for residents to access local services and facilities.  The proposal is therefore considered contrary to Policies GP1 and H17 of the City of York Draft Local Plan and  Central Government advice contained within  Planning Policy Statement 1 "Delivering Sustainable Development".

Change of use from Class B1 (light industrial) to Builders Merchant (sui generis) [Skelton, Rawcliffe and Clifton Without].

Members considered a full application, submitted by MKM Building Supplies Ltd, for the change of use from Class B1 (light industrial) to Builders Merchant (sui generis).

The case officer reported comments that had been received from the Council’s Landscape Architect and the City Development section.

Representations were received in support of the application, from the applicant’s agent.

Members agreed that an informative requesting a lighting scheme that was both energy efficient and that minimised light pollution should be included.

RESOLVED:That the application be approved, subject to the conditions listed in the report, with the addition of the following informative:

(i)                 Informative - Regarding Condition 6 of this planning approval it is highlighted that the Council wishes to see a lighting scheme which is both energy efficient and minimises light pollution.  This should be in the form of motion sensored lighting rather than permanent illuminance.

REASON:In the opinion of the Local Planning Authority the proposal, subject to the conditions listed, would not cause undue harm to interests of acknowledged importance, with particular reference to the impact on the character and operation of the area.  As such the proposal complies with Policy GP1 of the City of York Draft Local Plan.

Erection of 1 no. dormer bungalow with attached garage to rear [Wheldrake Ward].

Members considered a full application, submitted by P Gill, for the erection of 1 no. dormer bungalow with attached garage to the rear.

A copy of the case officer’s update was circulated, setting out the Landscape Architect’s comments and a letter of objection from a neighbour, with attached photographs of the site.

Representations were received in support of the application, from the applicant’s agent.

Members proposed to approve the application and the case officer therefore outlined details of conditions and informatives that it was recommended to attach to any approval.

RESOLVED:That the application be approved, subject to the following conditions and informatives:

1             The development shall be begun not later than the expiration of the 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 only in accordance with the following plans:-

Plans and elevations AA/Helvington/001, 02 and 03 received by the Local Planning Authority on 27 July 2007 and cross section  AAHelvington /05 received by the Local Planning Authority on 16 August 2007.

or any plans or details subsequently agreed in writing by the Local Planning Authority as amendment to the approved plans.

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

 3         Notwithstanding the information contained on the approved plans, the height of the approved development shall not exceed 6.8 metres, as measured from existing ground level. Before any works commence on the site, a means of identifying the existing ground level on the site shall be agreed in writing, and any works required on site to mark that ground level accurately during the construction works shall be implemented prior to any disturbance of the existing ground level. Any such physical works or marker shall be retained at all times during the construction period.

Reason: to establish existing ground level and therefore to avoid confusion in measuring the height of the approved development, and to ensure that the approved development does not have an adverse impact on the character of the surrounding area.

 4         Notwithstanding any proposed materials specified on the approved drawings or in the application form submitted with the application, samples of the external materials to be used shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development.  The development shall be carried out using the approved materials.

               Reason:  So as to achieve a visually cohesive appearance.

 5         Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting that Order), development of the type described in Classes A to E of Schedule 2 Part 1 of that Order shall not be carried out to the dwelling house and within its  ...  view the full minutes text for item 37f

Single storey pitched roof rear extension [Haxby and Wigginton Ward].

Members considered a full application, submitted by Mr and Mrs D Jenkinson, for a single storey pitched roof rear extension.

Photographs of the site were displayed at the meeting, showing some work had already been undertaken on site.

RESOLVED: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, the proposed first floor extension would not cause undue harm to interests of acknowledged importance, with particular reference to the impact on the residential amenity of neighbours or the impact upon the street scene.  As such the proposal complies with Policies H7  and GP1 of the City of York Local Plan Deposit Draft.

This report details progress made on the outstanding Section 106 agreement in relation to Clifton Hospital.

Members received a report which detailed progress made on the outstanding Section 106 agreement in relation to Clifton Hospital.

The Countryside Officer provided a verbal update on the report at the meeting.

RESOLVED:(i) That the progress made with regard to the completion of the Section 106 Agreement and the ongoing work still required in order to achieve a satisfactory conclusion to this long standing case, hopefully in 2008, be noted;

(ii)               That a follow up report be brought back to the Sub-Committee in January 2008.

REASON:      To update Members on progress with the Section 106 Agreement conditioned as part of the planning application for the Clifton Hospital site.