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.

Councillor Hyman declared a personal interest in agenda item 5c as the architect concerned had done some work for him in recent years.

Councillor Moore declared a personal prejudicial interest in item 5g as he had been involved in the past with matters relating to the Centurion Office Park .

To consider excluding the public and press from the meeting during consideration of agenda item 5 on the grounds that it contains 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.

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 Section 100A of the Local Government (Access to Information) (Variation) Order 2006.

To approve and sign the minutes of two meetings of the Sub-Committee held on 7 August 2008 and 21 August 2008.

RESOLVED:             That the minutes of the meetings of the Sub-Committee

held on Thursday 7 August 2008 and Thursday 21 August 2008 be approved as correct records and be 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 1 October 2008 at 5pm.

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.

A full application for the erection of 2no. two storey pitched roof detached dwellings after the demolition of the existing dwelling and garage. [Haxby & Wigginton Ward] [Site Visit]

Members considered an application for the erection of 2 no.two storey pitched roof dwellings after demolition of an existing dwelling and garage.

RESOLVED:             That the application be refused.¹

REASON:                  It is considered that the proposal, by virtue of its

siting, design, external appearance and materials of construction, would constitute a form of development that would be incongruous, out keeping and inappropriate in its context. As such, the visual appearance and amenity of the area would be compromised by the development, contrary to national planning advice on design in Planning Policy Statements 1(“Delivering Sustainable Development”) and 3 (“Housing”-paragraph 13) and Policy GP1 (criterion a and b) of the City of York Draft Local Plan

A full application for a two storey extension to create additional bedrooms and storage facilities and single storey rear extension to create communal facilities and office space. [Haxby & Wigginton] [Site Visit]

Members considered a full application for a two storey extension to create additional bedrooms and storage facilities and a single storey rear extension to create communal facilities and office space.

Officers outlined the proposal, and detailed the heights of various points of the proposed extension.

Members queried why a sustainability statement had not been submitted by the applicant, Officers reminded Members this was due to the application being an extension rather than a new building therefore this was not a requirement.

RESOLVED:             That the application be approved subject to the conditions listed in the report. ¹

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:

-         Impact on the Living Conditions of Neighbours

-         Visual Impact/Design

-         Highway issues

-         Drainage

As such the proposal complies with Policies GP1 and H17 of the City of York Draft Local Plan.

Major outline application for the erection of 14 dwellings after demolition of existing factory.[Huntington & New Earswick Ward] [Site Visit]

Members considered a major outline application for the erection of 14 dwellings after the demolition of an existing factory.

Officers updated that the Police Architectural Liaison Officer (PALO) had responded since the report was drafted and had advised that as the development is in an area with a high crime rate they would recommend secure areas for refuse and cycles, good lighting and low level landscaping incorporated into the design. The PALO would also recommend that the development achievea Secured by Design status.

Representations in support of the application were heard from the architect of the scheme.

Members expressed concern about the loss of an employment site, but officers advised that generally small sites such as this one do not contribute significantly to employment and supply.

Members discussed the location of the site in an area that has a high crime rate and agreed, following the comments from the police, that a condition should be added to ensure the development includes measures to prevent crime.

RESOLVED:             That the application be approved subject to the conditions

                                    listed in the report and the following additional condition.¹

i)The development hereby approved shall incorporate measures to minimise the risk of crime and disorder to meet the specific security needs of the application site and the development. Any security measures to be implemented in compliance with this condition shall seek to achieve ‘secured by design’ accreditation. Written confirmation of those measures to be incorporated shall be agreed in writing with the Local Planning Authority prior to first occupation of the dwellings.

Reason: In interest of community safety, to reduce fear of crime and to prevent crime and disorder in accordance with the provisions of Section 17 of the Crime and Disorder Act 1998.

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

                                    -Principle Development       

                                    -Housing Density and Mix

                                    -Scale and Layout

                                    -Impact on Neighbouring Amenity

                                    -Highways

                                    -Drainage

                                    -Sustainability

                                    As such the proposal complies with Policies GP1, GP4a, H3C, H4A, H5A and E3b of the City of York Draft Local Plan.

Major full application for a two storey building incorporating clubhouse, changing rooms and members bar with associated landscaping and parking (amended scheme). [Skelton, Rawcliffe, & Clifton Without Ward] [Site Visit]

Members considered an amended major full application for a two storey  building incorporating clubhouse, changing rooms and members bar with associated landscaping and parking.

Officers circulated an update containing further information received from Highways (Network Management) and the Countryside Officer. It was confirmed that there was no objections from the Environment Agency to the amended Flood Risk Assessment.

Highways Officers raised no objections to the original scheme in 2006 which offered similar levels of accommodation but was spread over 3 floors and do not consider that there have been any material changes to the current scheme. They have no objections subject to the following additional conditions not detailed in the officers report, HWAY18 cycle parking areas to be agreed and HWAY21 internal turning areas to be provided in accordance with approved plans.

The Countryside Officer advised that the surrounding area is good in terms of providing a suitable habitat for bats and that the building to be demolished did offer several access points to roosting bats. However it was not considered necessary for a bat survey to be carried out at present but the officer recommended a condition requesting that the details are submitted to the Council prior to development advising what measures will be taken to accommodate bats within the design.

Members commented that overall they were happy with the scheme which would provide much needed new facilities, but expressed concern regarding the possibility of an increase in parked traffic on the park and ride route of Shipton Road.

RESOLVED:             That the application be approved subject to the conditions

                                    listed in the report.¹

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 impact on the green belt, design and appearance, impact on the conservation area and neighbour amenity. As such the proposal complies with Policies GB1, GB13, HE13 and GP1 of the City of York Draft Local Plan 4^th set of changes approved for Development Control purposes April 2005.

Full application for a single storey rear and first floor side extension. [Hull Road Ward]

Members considered a full application for a single storey rear and first floor side extension.

Officers updated that an earlier application for a joint extension and a change of use for 203 and 205 Hull Road was refused in April 2008. The application was refused on 3 grounds and to date only 2 have been complied with.

With Members agreement a letter in support of the application from the Agent was distributed.

RESOLVED:             That the application be refused.¹

REASON:                  It is considered that the proposed extension, by virtue of

its scale and design, would harm the character and appearance of the street scene. The proposed side extension adds an incongruous feature to a row of simply designed and well proportioned terraced properties. The dwelling which is a prominent location, benefits from natural spacing between developments, and the proposed extension is considered to close this space at first storey level creating an undesirable terracing effect. The proposal is therefore considered contrary to Polices GP1 and H7 of the City of York Council Supplementary Planning Guidance ‘Guide to extensions and alterations to private dwelling houses’, and design principles contained within Planning Policy Statement 1: “Delivering Sustainable Development”.

Full application for a single storey rear and first floor side extension. [Hull Road Ward]

Members considered a full application for a single storey and first floor side extension.

Officers updated that an earlier application for a joint extension and a change of use for 203 and 205 Hull Road was refused in April 2008. The application was refused on 3 grounds and to date only 2 have been complied with.

With Members agreement a letter in support of the application from the Agent was distributed

RESOLVED:             That the application be refused.¹

REASON:                  It is considered that the proposed extension, by virtue of

its scale and design, would harm the character and appearance of the street scene. The proposed side extension adds an incongruous feature to a row of simply designed and well proportioned terraced properties. The dwelling which is a prominent location, benefits from natural spacing between developments, and the proposed extension is considered to close this space at first storey level creating an undesirable terracing effect. The proposal is therefore considered contrary to Polices GP1 and H7 of the City of York Council Supplementary Planning Guidance ‘Guide to extensions and alterations to private dwelling houses’, and design principles contained within Planning Policy Statement 1: “Delivering Sustainable Development”.

Major full application for a 70 bed nursing home, with associated access, parking and landscaping. Pedestrian link to Hornbeam Close. [Skelton, Rawcliffe & Clifton Without]

Members considered a major full application for a 70 bed nursing home with associated access, parking and landscaping. Pedestrian link to Hornbeam Close.

Officers updated that a further letter of representation had been received expressing concerns regarding drainage and the pedestrian access into Hornbeam Close. Members were advised that an outline application for a care home on the site was approved at Planning Committee in January 2008, and that the applicant had now chosen to submit a full application, rather than an application for the approval of reserved matters.

Members queried if rainwater harvesting and the use of permeable surfacing could be added to condition 23 in the Officers report. Officers confirmed that this could be done.

RESOLVED:             That the application be approved subject to the conditions                              listed in the report and the following amended condition.¹

Condition 23 – Prior to the commencement of development, details of a scheme for the control of surface water runoff, which shall include rainwater harvesting, storage flow restricting systems and the use of permeable surfacing, shall be submitted to and approved in writing by The Local Planning Authority. The surface water regulation systems shall be installed in accordance with the approved details prior to the first occupation of the care home and shall be maintained thereafter.

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

                                    -Principle of Development

                                    -Design and Impact on the Street Scene

                                    -Impact on the Living Conditions of Local Residents

                                    -Vehicle and Pedestrian Access

                                    -Car and Cycle parking

                                    -Sustainability

                                    As such the proposal complies with Policies GP1, GP9, GP4a, SP8, T4, E3b, and H17 of the City of York Draft Local Plan.     

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 received a report providing a continuing quarterly update on the number of enforcement cases currently outstanding for the area.

RESOLVED:             That the reports be noted.

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