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

Councillor Douglas declared a personal and prejudicial interest in item 3e (Shipton Street School) as she is Ward Councillor for the area and felt that she had prejudged the application and left the room and took no part in the discussion and voting for this item.

Councillor King declared a personal and prejudicial interest in item 3e (Shipton Street School) as he is Ward Councillor for the area and felt that he had prejudged the application. He spoke from the floor as Ward Councillor and then left the room and took no part in the discussion and voting for this item.

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 Tuesday 16 December 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 a single storey pitched roof side extension and two storey pitched roof rear extension.[Strensall Ward]

Members considered a full application for a single storey pitched roof side extension and a two storey pitched roof rear extension.

Representation in objection to the application was heard from a neighbour who raised concerns regarding overdevelopment. He felt that the proposal would negatively affect the level of privacy to his property and the amount of light it receives.

Members confirmed that they agreed with the Officers recommendation of approval as they could see no planning reason why the application should be refused.

RESOLVED:             That the application be approved.¹

REASON:                  1.In the opinion of the Local Planning Authority the proposal, subject to the conditions listed above, would not cause undue harm to occupants of neighbouring properties. Not is it considered that the size and scale or design of the two storey side extension would have any detrimental impact on the street scene. As such the proposal complies with policies H7 andGP1 of the City of York Draft Local Plan.

                                    2. The Town and Country Planning (General Permitted Development) Order as amended on 1 October 2008 states under Class A, condition A.3 (b) that ‘any upper floor window located in a wall or roof slope forming a side evevation of the dwelling house shall be –

(i)                 Obscure-glazed, and

(ii)               Non opening unless parts of the window which can be opened more than 1.7 metres above the floor of the room in which the window is installed’

So long as the proposed window on the existing east elevation is compliant with the above it is acceptable. Any variation may require a separate planning application.

A full application for the installation of a 21m high lattice type telecommunications mast with associated equipment. [Site Visit] [Huntington and New Earswick Ward]

Members considered a full application for the installation of a 21m high lattice type telecommunications mast with associated equipment at Hall Farm, Huntington.

Officers updated that 82 signed slips in objection to the scheme had been received. In addition, details of the Parish Councils objection and the list of alternative sites considered by Vodafone was distributed to Members.

Objections were heard from a Parish Councillor who advised members that the proposed mast would be a major loss of amenity to residents of Huntington and visitors to the area. Objections were also heard from the River Foss Society who expressed concerns about the proposed location of the mast within the Green Belt.

Members agreed with the Officers recommendation of refusal due to the location of the proposed mast in the Green Belt and the loss of amenity to local residents. Concerns about the impact on the nearby conservation area were also raised.

RESOLVED:             That the application be refused.¹

REASON:                  The site is within an area of Green Belt. It is considered that the location, design and height of the proposed mast, together with the visual impact of the access road and associated equipment, would be harmful to the character, appearance and visual amenity of the area. It is considered that the proposed development would introduce a visually intrusive form of development into a landscape which is attractive, open and undeveloped and is enjoyed by both local residents and visitors to the area. As such the proposed development is considered contrary to Policies GB1 and GP20 of the City of York Draft Local Plan, and Central Government advice contained within Planning Policy Guidance 2: “Green Belts” and Planning Policy Guidance 8: “Telecommunications”.

A major full application for the erection of 3 storey detached building comprising 10no. flats and 2no. maisonettes (3x1 bed, 4x2 bed, 5x3 bed) on existing pay and display car park at rear of Royal Dragon Hotel. Demolition of north wing of existing single storey extension and rear single storey extension at the Royal Dragon Hotel to create new access from Barbican Road. [Site Visit] [Fishergate Ward]

Members considered a major full application for the erection of a 3 storey detached building comprising of 10 no. flats and 2 no. maisonettes on existing pay and display car park at the rear of Royal Dragon Hotel. Demolition of the north wing of the existing single storey extension and rear single storey extension at the Royal Dragon Hotel to create new access from Barbican Road.

Officers updated with the following additional information:

• An additional letter of objection had been received from a resident of Barbican Mews objecting on numerous points, including the close proximity of the development to their property, concern at possible noise and inconvenience during building works, the scale of the development, loss of privacy, possible overdevelopment and road safety.
• Drainage proposals for the development had been agreed since the officers report was drafted and are as follows: (i) Drainage proposals are satisfactory but a specific condition to deal with outstanding information is required. This would replace the informative attached to condition 21 on pages 32 and 33 of the agenda. (ii) An informative has been added to reflect that Surface Water Drainage details should include details of the surface water attenuation system and the porous car park paving.

• Archaeology conditions ARCH1 and ARCH2 need to be added on recommendation of the Council’s Archaeologist.

Representations in support of the application were heard from the applicants agent who stated that the scale of the proposed buildings would be no higher than neighbouring properties and that the surface water would be a 30 percent reduction on the current status.

Members expressed concern over the reduction in parking spaces, highway safety  and overdevelopment in the area. Members also raised concerns regarding the provision of affordable housing and queried if an informative could be added.

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

                                    Informative 7 – The applicant/developer is reminded that in the event of any future proposal to convert the Royal Dragon restaurant to residential use, the Councils affordable housing criteria will be applied to the entire site, including the development hereby approved . This currently stands at 50% of the total number of units, where this exceeds 15. This is in order to avoid a situation where the affordable housing criteria are not exceeded through the artificial separation of development sites.

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:

-         principle of the proposal

-         visual amenity and impact on the conservation area

-         residential amenity

-         housing mix

-         parking and highway safety

-         environmental protection

-         flood risk and drainage

-         sustainability

-         planning out crime

As such the proposal complies with Planning Policy Statement no.1 “delivering Sustainable Development”, Planning Policy no.3 “Housing”, Planning Policy Guidance no.15 “Planning and the Historic Environment”, Regional Spatial Strategy for Yorkshire and  ...  view the full minutes text for item 58c

Conservation Area Consent for partial demolition of wall and railings at the Royal Dragon Hotel.[Site Visit] [Fishergate Ward]

Members considered an application for Conservation Area Consent for the partial demolition a wall and railings at the Royal Dragon Hotel.

RESOLVED:             That the application be approved.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 of the demolition works on the character, setting and appearance of the Conservation Area. As such the proposal complies with Policies HE5 of the City of York Local Plan Deposit Draft.

A major full application for a change of use, extension and alteration of existing former school buildings and new build to form 38no. residential dwellings and community ward facility and associated access, open space and landscaping. [Site Visit] [Clifton Ward]

Members considered a full application for the change of use, extension and alteration of the existing former school buildings and new build to form 37 residential dwellings and a community ward facility and associated access, open space and landscaping.

Officers updated that comments had been received from the Police Architectural Liaison Officer. The main points raised are as follows:

• Ideally the vehicle entrance gates should be electronically operated and the pedestrian entrance gates key operated. Gates should be 1.8m high as a minimum.
• If gates are not provided the Police feel the parked vehicles inside would be vulnerable to crime.
• Failure to control the pedestrian gates by lock and key could result in the creation of an escape route through the development, the development being used as a short cut, particularly on football match days, illegal parking on match days.
• If gating the vehicle entrance is not possible then other measures should be used such as making the area appear to be private property with change of road surfaces, pillars etc.
• The car park should be lit to the relevant levels as recommended by BS5489.
• The Police recognise the difficulties the site poses.

Officers updated and recommended the following amendments to conditions:

• A full landscaping plan has been agreed and a condition will be added to reflect this plan.
• The vehicular entrance into the site needs to be widened .A condition will be added to control materials, design etc, including any gates which may be fitted to it.
• Add Noise 7 – control of times of work.
• Condition3 – Add the need for sample panels of materials to condition 3 to be constructed on site for agreement as opposed to just the submission of materials. This amendment will allow officers to address how materials fit together and the type of mortar to be used.
• Condition 5 to be utilised to condition the internal road surfaces and the reason amended to reflect this.
• Condition 19 – Sustainability-amend the words at the beginning to say ‘Unless otherwise agreed in writing by the Local Planning Authority’. The applicant has committed to achieving Code for Sustainable Homes Level 3 and this can be achieved on the new build but maybe a little more problematic on the listed building given the constraints the building offers in terms of historic importance and the need to retain existing features.
• Condition 14. A long condition which following the submission of a gas assessment report, which confirms that no significant gas levels were encountered at the site, can be substantially amended to that in the Agenda and will be shown at the end of these minutes.
• Condition will be added in relation to a construction traffic management plan and boundary treatment.

Councillor King spoke from the floor as Ward Councillor. He congratulated the applicant for working so closely with local residents and the Council . He told the Committee that he decided to get involved to help residents in the area to get what they wanted. He said the  ...  view the full minutes text for item 58e

Listed building consent for the conversion, extension and alteration of existing former school buildings to form part of a residential redevelopment scheme. [Site Visit] [Clifton Ward]

Members considered an application for Listed Building Consent for the conversion, extension and alteration of existing former school buildings to form part of a residential redevelopment scheme.

Officers updated that conditions 5 and 7 required amending at the beginning to state “Notwithstanding the details submitted with the application” and then the rest of the condition to follow as printed in the Officers report.

RESOLVED:             That the application be approved.

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 preserving the historic character of the Grade II listed buildings. As such the proposal complies with National Guidance in PPG15 (Development and the Historic Environment) and Policy HE4 of the City of York Draft Local Plan.