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 may have in the business on the agenda.

None were declared.

To approve and sign the minutes of the last meeting of the Sub-Committee held on 11 June 2009.

RESOLVED:             That the minutes of the meeting of the Sub-Committee held on the 11 June 2009 be approved as a correct record by the Chair and signed by the Chair.

To consider excluding the public and press from the meeting during consideration of agenda item 7 on the grounds that it 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.

RESOLVED:             That the Press and Public be excluded from the meeting during consideration of Agenda Item 7 (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.

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 8July at 5pm.

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 an application for a residential development on land lying to the east of Bramley Garth(access off Bad Bargain Lane) and the erection of 24 two bedroom bungalows, suitable for occupation by older people and the disabled.

Officers answered a query from Members on the fact that a sustainability statement was not included with the application and on whether this was suitable grounds to reject the application. Officers explained that this was a local rather than a national requirement and would not form a sound basis for refusing the application, particularly as the requirements could be addressed through conditions, if planning permission were to be granted.  In response to a question regarding the drainage of the site, officers explained that this could not be reasonably be addressed through a planning condition as a technical solution may not necessarily exist, hence this issue forms one of the reasons for refusing the application.

Members queried the sense of the applicants proceeding with the speculative application given that the Officers report had not found any reasons to grant it. Officers replied that the applicants had been given pre-application advice, but that obviously they had chosen to proceed with an application regardless of the negative response given.

RESOLVED: That the application be refused.¹

REASON:      The application site is located outside of the built up areas of the settlement and area of Green Belt on the City of York Draft Local Plan (CYDLP), wherein new housing would constitute inappropriate development except in very special circumstances, which would not have been demonstrated in this instance.  Furthermore the proposed development, by reason of its size, scale and location, together with the loss of existing landscape features, would detract from the visual amenities and open character of this Green Belt location.  The proposal is therefore contrary to Policies GB1 and GB6 of the CYDLP and national advice contained with Planning Policy Guidance 2 “Green Belts”.

                        The proposed development of 24 dwellings is above the threshold of 15 dwellings whereby affordable housing should be provided as part of the development.  The proposal makes no provision for affordable housing and is therefore contrary to Policy H2a of the City of York Draft Local Plan, the City of York Affordable Housing Advice Note July 2005 and national advice contained with paragraph 27 of the Planning Policy Statement 3 “Housing”.

                        Insufficient drainage details have been submitted to show how foul and surface water generated by the proposal would be properly attenuated and how flood risk from all sources to the development itself and to others will be managed.  The application therefore conflicts with Central Government advice contained with Planning Policy Statement 25 “Development and Flood Risk” Policy of GP15a of the City of York Draft Local Plan and the Council’s adopted Strategic Flood Risk Assessment.

                        No details of the proposed siting, scale or fenestration of the proposed dwellings has been provided to demonstrate that the development would not adversely affect the residential amenities of the surrounding occupiers and future residents  ...  view the full minutes text for item 9a

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:             That the reports be noted.

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