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

Councillor Wiseman stood down from the Committee for Plans Item 4a (OS Field 3000) and Plans Item 4b (OS Field 2000) under the provisions of the Planning Code of Good Practice and spoke from the floor as a Ward Councillor, after which she left the room and took no part in the debate thereon.

Councillor Hyman declared a personal prejudicial interest in Plans Item 4d (Yeoman’s Yard, Little Hallfield Road) as the architect for this application was currently doing some work for him.

Councillor Moore declared a personal non-prejudicial interest in Plans Item 4e (Car Park lying to the South of Hurricane Way) as he was Chair of Rawcliffe Parish Council.

Councillor Hyman declared a personal prejudicial interest in Plans Item 4g (Elliot’s Hotel, 2 Sycamore Place) as the architect for this application was currently doing some work for him.

Councillor Moore declared a personal non-prejudicial interest in Plans Item 4h (Plot E, Airfield Business Park, Elvington), as he knew one of the Trustees.

Councillor Wiseman declared a personal non-prejudicial interest in Plans Item 4h (Plot E, Airfield Business Park, Elvington), as she knew the Chairman of the Board of Trustees.

Councillor Funnell declared a personal prejudicial interest in Plans Item 4i (Rose Cottage, Sutton Road) as she had had previous dealings with the designer.

Councillor Firth declared a personal interest in Plans Item 4i (Rose Cottage, Sutton Road) as he was the Chair of Wigginton Parish Council. He stated that he had no prior knowledge of this item.

To approve and sign the minutes of the last meeting of the Sub-Committee held on 11 October 2007.

RESOLVED:             That the minutes of the Sub-Committee held on 11 October 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 7 November 2007 at 5.00pm.

It was reported that nobody had registered 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 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.

Erection of organic free range egg unit (1061sqm) [Strensall Ward] [Site Visit].

Members considered a major full application, submitted by Mr Nigel Pain, for the erection of an organic free range egg unit (1061sqm).

Officers updated that they had received a Vehicle Swept Paths Analysis from the agent showing a 7.5 tonne vehicle and a 15 tonne vehicle accessing the site. The following updates were also reported:

·        The landowner will carry out an egg collection twice a week in a 3.5 tonne transit type vehicle.

·        The area of land beside the signal box can be utilised to prevent dangerous reversing manoeuvres onto Lords Moor Lane

·        Visibility from the track to Lords Moor Lane is good and traffic approaching the site will travel slowly to negotiate both the level crossing and the tight bend in The Village.

·        There have been no recorded accidents at the junction.

·        The Applicant is willing to accept a condition restricting site access with vehicles larger than 15 tonnes.

The Council’s Highways Authority did not feel that the above overcame their concerns and they expressed the view that this application should be recommended for refusal.

The Council’s drainage engineering consultancy made the following comments:

·        The development is in low risk Flood Zone 1 and should not suffer from river flooding.

·        However, drainage in the area is suspected to be poor, with standing water being witnessed on the site by local residents.

·        As the proposed method of surface water disposal is via soakaways, these should be shown to work through an appropriate soakaways assessment and should be carried out in winter to prove that the ground has sufficient capacity to accept surface water discharge and to prevent flooding of the surrounding land and the site itself.

Representations were received, in objection, from a local resident who circulated photographs indicating maintenance vehicles that had been left in the lane. He stated that these vehicles would have an impact on access to the lane and the proposed development. The lane is gated and there is a £1000 fine (imposed by Network Rail) if the gate is left open; the gate will impact on access and egress to and from the lane. He also raised concerns regarding the sustainability of the proposed development, Network Rail’s requirements regarding fencing, the Foss Drainage Board’s comments and the supply and disposal of sewage.

Representations were received from the Applicant’s agent who said that this would be a small poultry farm. He felt that the reason for refusal was unsustainable.

Representations, in objection, were received from Strensall and Towthorpe Parish Council who made the following points:

·        There is a lack of drainage and the water table in this area is very high

·        A potential increase in noise

·        A potential increase in vermin, including foxes, which will have a knock on effect on the local wildlife

·        Access is by a narrow track which is the property of Network Rail

·        Access is next to a level crossing and there are already hazards to traffic at this point

Representations were received, in objection, from the Ward Councillor who spoke on  ...  view the full minutes text for item 59a

Siting of a mobile home as a temporary agricultural dwelling [Strensall Ward] [Site Visit].

Members considered a full application, submitted by Mr N Pain, for the siting of a mobile home as a temporary agricultural dwelling.

Representations were received, in objection, from Strensall and Towthorpe Parish Council who stated that the existing activities on this site were already subject to enforcement action.

Representations, in objection, were also received from the Ward Councillor on behalf of local residents who said that is the application were to be refused then enforcement action to remove the dwelling should be instigated immediately.

Members requested that enforcement action to remove the dwelling be undertaken immediately.

RESOLVED:                         That the application be refused.

REASON:                              The refusal of planning permission for application ref: 07/01942/FUL for an organic free range egg unit on the adjacent land would result in there being no agricultural justification for the siting of a temporary dwelling on the site. Thus the proposal would constitute inappropriate development within an area of Green Belt, conflicting with Central Government advice in Planning Policy Guidance Note 2 "Green Belts" and with the provisions of Policy GB7 of the City of York Draft Local Plan, which states, inter alia, that new agricultural or forestry dwellings outside defined settlement limits in the Green Belt or open countryside will only be permitted where it can be demonstrated that the new accommodation is essential to the functioning of a well established holding.

Change of use and alterations (including mezzanine) of former Wickes warehouse (A1 Use) to construction centre for training purposes (D1 Use) in connection with York College [Skelton, Rawcliffe, Clifton Without Ward].

Members considered a major full application submitted by York College for a change of use and alterations (including mezzanine) of former Wickes warehouse (A1 Use) to a construction centre for training purposes (D1 use) in connection with York College.

Officers updated the final sentence of paragraph 1.4 of the report should read as follows:

‘It is proposed to provide 5 vehicle parking spaces for visitors with disabled badges and 20 cycle spaces.’

It was also reported that no objections had been received for the Parish Council.

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

REASON:                              That the proposal, subject to the conditions outlined in the report, would not cause undue harm to interests of acknowledged importance, with particular reference to loss of an existing retail use, sustainability, highway safety and environmental protection. As such the proposal complies with Policies GP4a, T4 and GP11 of the City of York Local Plan Deposit Draft.

Outline application for the erection of 10no. two and three storey dwellings with accommodation in the roof (layout, scale and access) [Heworth Ward] [Site Visit].

Members considered a major outline application, submitted by Mr R Yeomans, for the erection of 10 two and three storey dwellings with accommodation in the roof (layout, scale and access).

The Officer updated that the car park area benefited from natural surveillance and was gated to the rear.

Representations, in support, were received from the Applicant’s agent who said that the retention of this site for employment purposes could not be sustained.

Some Members felt that the loss of industrial land was regrettable. It was requested that the Applicant be asked to achieve a minimum of Ecohomes ‘Very Good’ or the equivalent standard under the Code of Sustainable Homes.

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

·        Amended condition 14  

At the soonest available opportunity, and in any event prior to the completion of the development, the developer shall submit a completed "Sustainable Design and Construction" statement for the development. The developer shall achieve an Ecohomes "Very Good" rating or the equivalent standard under the Code for Sustainable Homes, and if this is not achieved, the developer shall demonstrate the changes that will be made to the development in order to achieve this standard.

Reason: In the interests of sustainable development.

·        Additional condition

Prior to the commencement of the development, details of all security gates providingaccess to the rear of the proposed dwellings shall be submitted to and approved in writing by the Local Planning Authority. The gates shall be installed in complete accordance with the approved details prior to the first occupation of the development.

                                                Reason: In the interests of security and the prevention of crime.

INFORMATIVE: The Police Architectural Liaison Officer advises that the gates should ideally be metal and allow views through (e.g. railings) in order to create a degree of natural surveillance.

REASON:                              That the proposal, subject to the conditions listed above, would not cause undue harm to interests of acknowledged importance, with particular reference to the loss of employment land, housing density, highway issues, impact on residents' living conditions, and visual amenity.  As such the proposal complies with Policies GP1, H4a, H5a, T4, E3b and L1C of the City of York Draft Local Plan.

Erection of single storey restaurant (Class A3) with associated parking and refuse store [Skelton, Rawcliffe, Clifton Without Ward] [Site Visit].

Members considered a full application, submitted by LTGP Limited Partnership for the erection of a single storey restaurant (Class A3) with associated parking and refuse store.

The Officer updated that the Environmental Protection Officer had no objections to the proposed scheme. There would be an additional condition regarding lighting, and amendment to condition 3 (following comments from the City of York Police Architectural Liaison Officer) and six more highway conditions to add if Members were minded to approve the application. A letter from the City of York Police Architectural Liaison Officer was circulated by the Officer at the meeting which made the following points:

·        No objections to the application

·        Asks for confirmation that the restaurant will close at 10pm Monday to Friday and Sundays and 11pm on Saturday only

·        Supports the requirement for an appropriate CCTV system

·        That the building and parking areas should comply with the principles of Secure by Design

Representations were received, in objection, from a local resident who raised concerns about the following:

·        The proposed site for a restaurant was too close to local residences

·        Existing roads were not adequate enough to carry the extra traffic the restaurant would create

·        There were empty units available on this site

·        There were already 6 food outlets on Clifton Moor

·        There would be noise from extraction fans and customers and staff leaving the premises

·        There has been anti-social behaviour in this area in the past

·        Lighting will disturb local residents

·        The proposed waste store is too close to residences

Representations, in support, were received from the Applicant’s agent who said the proposed restaurant would provide a complementary service use to the existing retail and leisure development at Clifton Moor. City of York Council’s Highway Officers were satisfied with the expected traffic generation contained within the submitted Transport Assessment and considered that there would be no material impact on the highway network. She also stated that the Environmental Protection Unit had no objections to the proposed development. The Applicant’s agent felt that the design of the building could be accommodated on the site without detracting from the visual amenity of the area.

Representations, in objection, were received from Rawcliffe Parish Council who said that the proposed development would be out of keeping with the surrounding units. The restaurant would back onto residential properties and the residents would be disturbed by diners leaving the premises, the clearing up process (including the emptying of bottles into bottle banks) and delivery vehicles. The car park in this area was often full and no overflow car park had been planned.

Members discussed the following points in relation to the application:

·        The roofline of the existing building at Clifton Moor

·        Designated parking spaces for staff

·        The proposed building would take up current car parking spaces

·        Noise and its effect on local residents

·        Traffic issues

·        Location of the refuse store

·        Impact on local residents

·        Previous anti-social behaviour in the area

Councillor Cregan requested that his vote against refusal of the application be recorded in the minutes.  ...  view the full minutes text for item 59e

Conversion of 74-80 Shipton Road into 8no. self contained flats including support worker's office [Skelton, Rawcliffe, Clifton Without Ward] [Site Visit].

Members considered a full application, submitted by York Housing Association, for the conversion of 74-80 Shipton Road into 8 self-contained flats including a support worker’s office.

Officers updated that an additional condition regarding the boundary hedge would be included if Members were minded to approve the application.

Representations were received from the Applicant who said that the proposed development was intended to provide accommodation for people who needed support.

Members expressed the view that they wished to encourage this kind of scheme.

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

·         Details of all means of enclosure to the site boundaries shall be submitted to and approved in writing by the Local Planning Authority before the development commences and shall be provided before the development is occupied.

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

INFORMATIVE: This condition could be complied with by an extension of the hedge in front of the length of fencing at the rear of 76 Shipton Road.

·         Prior to the occupation of the building, arrangements that have first been agreed in writing with the Local Planning Authority shall be put in place for a 24 hour contact telephone number to be made available to local residents, to enable the operator of the site to be contacted. 

Reason: In order to facilitate the proper management of the site

REASON:                  That the proposal, subject to the conditions outlined in the report and the additional conditions listed above, would not cause undue harm to interests of acknowledged importance, with particular reference to the principle of conversion to flats, visual appearance, occupier amenity, neighbour amenity, public safety, provision of open space and highway issues. As such the application accords with policies GP1, H8 and L1c of the City of York Local Plan Deposit Draft.

Conversion of existing hotel to 9 flats and bedsits and erection of 2 no. townhouses (resubmission) [Clifton Ward].

Members considered a full application, submitted by Mr & Mrs P Brown for the conversion of Elliot’s Hotel to 9 flats and bedsits and the erection of two townhouses (resubmission).

Officers updated that a further two letters of objection had been received which made the following comments:

·        The height and position of the new buildings will result in a loss of light to surrounding properties

·        There will be a loss of sunlight in neighbouring gardens

·        Neighbouring properties will be overshadowed

·        A possible increase in vermin in the refuse storage area

·        Parking issues

A copy of an Appeal Decision dated 18^th June 2007 was circulated at the meeting for information.

Representations were received from the Applicant’s agent who stated that they already had planning permission for the same volume of building.

RESOLVED:             That the application be approved subject to the conditions outlined in the report and the following amended and additional conditions:

·        Amended Condition 5

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.

- eaves details

- typical window reveal detail showing lintel and cill

- section through abutment with the existing perimeter wall

- all new external windows and doors including lintel and reveal details

- all new openings / gates into the wall opening out onto Back Lane.

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

·        Additional Condition

Prior to the commencement of the development, the developer shall submit a sustainable design and construction statement for the written approval of the Local Planning Authority. The statement shall include details of  measures to be incorporated into the proposal to ensure a sustainable form of development on the site.

                                    Reason: In the interests of promoting sustainable development and the protection of the environment.

                                    INFORMATIVE: Details could include:

Details of the water efficiency measures to be incorporated into the proposal to be submitted for approval to the Local Planning Authority.  Measures should include:

-           Duel flush WCs (4/6) litre

-           Showers with nominal flow rates less than 9 litres/minute

-           Flow restricted spray taps

-           Water meter installed

-           Water butt installed

To assist occupiers to recycle details of measures to be taken on the development to be submitted for approval by the Local Planning prior to the commencement of work.  These measures should include:

-           Adequate provision for the storage of 2 180 litre wheeled bins, recycling box and two bags.

-           Provision of a compost bin with instructions.  

REASON:     That the proposal, subject to the conditions outlined in the report and the above amended and additional conditions, would not cause undue harm to interests of acknowledged importance, with particular reference to good design and the impact on the Conservation area and street scene.  As such the proposal complies with Policies HE3, HE4, GP10, H4a and H8 of the City of York Draft  ...  view the full minutes text for item 59g

Erection of 5no. industrial units incorporating 1no. single storey unit block and 1no. four unit block with car parking/servicing courtyard and associated landscaping [Wheldrake Ward].

Members considered a major full application, submitted by W M Birch and Sons Ltd, for the erection of 5 industrial units incorporating one single storey unit block and one four unit block with car parking/servicing courtyard and associated landscaping.

Officers updated that there was protected Ash tree on the site and there had been objections from the landscape architect regarding possible damage to this tree. A further eleven letters of objection had been received including one from the Yorkshire Tourist Board which commented on the following aspects of the proposed development:

·        Concerns had not been adequately addressed from the last time the application was considered

·        Noise from vehicles and the industrial units would destroy the atmosphere of the museum

·        The setting of the museum will be destroyed

·        The overall scheme has a significant, negative impact, on the memorial aspect of the museum.

Representations were received, in objection, from the Director of the Air Museum who had concerns regarding the impact the proposed buildings and associated vehicles would have on the museum and the memorial. He believed that the entire proposed development detracted from and undermined a significant national memorial. He also felt that the comments made at a previous planning meeting, regarding Unit 5, had not been sufficiently addressed.

Representations were received from Councillor R Watson, by letter circulated at the meeting, that commented on the overshadowing of the museum entrance, the memorial will be overshadowed and noise from vehicles will be overly intrusive and unfitting.

Representations were received from the Applicant who said that concerted efforts had been made to tackle the points raised previously.

Members voiced concerns regarding the relationship between the units and the memorial and felt that the proposed development compromised the memorial and failed to respect the context of its surroundings.

RESOLVED:             That the application be refused.

REASON:                  The development will affect the overall setting to the entrance to the Yorkshire Air Museum by virtue of the size and position of the proposed units. In particular Unit 5 will hinder views of the Air Museum and its entrance from Elvington Lane and Halifax Way which will detract from the setting and open context within which the Air Museum entrance and its buildings currently stand which in turn will harm the enjoyment that visitors currently derive from the attraction. This is considered contrary to Policy GP1, in particular parts b and e of the City of York draft local plan incorporating the 4th set of changes approved April 2005.

The position of Unit 1 will affect the setting of the War Memorial within the grounds of the Yorkshire Air Museum. This is by virtue of the height and massing of the building which will dominate the views of the area behind the memorial and consequently will be disrespectful to, and impact on the amenity and enjoyment of, those visiting and paying their respects at the memorial.

The position and size of Unit 5 will be significantly detrimental to the amenity value and natural form of the  ...  view the full minutes text for item 59h

Conversion of existing pole barn to store room and construction of new workshop (216sqm) to rear [Haxby and Wigginton Ward].

Members considered a full application, submitted by Martin and Karen Halliwell, for the conversion of an existing pole barn to a store room and the construction of a new workshop (216sqm) to the rear.

Representations were received from the Applicant who said that the company had been established since 2001. He felt that if he were forced to relocate outside of York he would have to build up his business again.

Officers asked the Applicant the nature of his business and he responded that it was high pressure water cutting and was therefore classed as an engineering firm.

Some Members felt that this kind of development was not suitable for the green belt in any circumstances and others felt that there were exceptional circumstances in this instance and it was a laudable use of vacant buildings.

Councillor Hyman requested that the minutes record his vote as being against approval of the application.

RESOLVED:             That the application be approved with the following conditions.

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.       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.

3.       This permission shall operate for the benefit of Martin and Karen Halliwell only and the use of the new workshop hereby approved shall be terminated at such time as Martin and Karen Halliwell cease to occupy the premises.

Reason: In view of the personal circumstances of the applicant, and to enable a viable light engineering business to be established on the site.

4.       Prior to the development hereby permitted being brought into use, the existing access serving the site shall be reconstructed with 7.5 m radius kerbs to give a minimum access width of 6m and that part of the access extending 20m from the carriageway shall be constructed to the satisfaction of the Local Planning Authority and in accordance with City of York Highway Authority standard detail STD.1.

Reason: To ensure a satisfactory means of access to the site for all classes of users of the site and in the interests of highway safety.

5.       Prior to the commencement of the development hereby permitted the surface water drainage ditch at the access to the site shall be piped-in to the specification of the drainage authority and the satisfaction of the Local Planning Authority.

Reason: To ensure a satisfactory arrangement of surface water and highway drainage in the interests of the amenity of the area and to ensure the  ...  view the full minutes text for item 59i

Two storey pitched roof side extension and single storey pitched roof rear extension [Hull Road Ward].

Members considered a full application, submitted by Mrs S Pearce, for a two storey pitched roof side extension and a single storey pitched roof rear extension.

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 (26 Crossways) by virtue of its size, scale, massing and proximity to the boundary, its unduly oppressive and overbearing impact and the loss of light and outlook that would result. As such it is considered that the proposal conflicts with the provisions of Policies H7 and GP1 of the City of York Draft Local Plan.