Agenda and minutes

* [Amended at meeting on 6 September 2012 to include Cllrs Fitzpatrick and King in list of Members attending site visits.]

To approve and sign the minutes of the last meeting of the Sub-Committee held on 5 July 2012.

RESOLVED:       That the minutes of the meeting of the East Area Planning Sub-Committee held on 5 July 2012 be approved and signed by the Chair as a correct record.

At this point in the meeting, Members are asked to declare any personal, prejudicial interests and disclosable pecuniary interests they may have in the business on this agenda.

At this point in the meeting, Members were asked to declare any personal, prejudicial or disclosable pecuniary interests they might have in the business on the agenda. No interests were declared.

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 requestedto contact the Democracy Officer on the contact details listed at the foot of this agenda. The deadline for registering is Wednesday 8 August 2012 at 5.00pm.

It was reported that there had been no registrations to speak under the Council’s Public Participation Scheme on general issues within the remit of the 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.

This application is for the retention of a loading bay extension at the centre of the site. Planning permission, ref:-12/00473/FULM had previously been refused in respect of the retention of a lorry park at the front of the site linked to the loading and unloading operation taking place at the site. [Osbaldwick] [Site Visit]

Members considered a major full application (13 weeks) from the House of James Transport for the erection of an extension to cover an existing loading area (retrospective).

Officers provided the following update.

·        Paragraph 4.5 of the report which refers to Dunnington should read Elvington.

·        In Condition 1 Drawing Ref: BS2870-02 Rev F should be substituted for BS2870-02 Rev A.

·        Condition 3 to be amended

·        Condition 4 to be amended

·        New Condition 5 with regard to parking of vehicles on site

Representations were received from the agent in support of the application. She advised Members that this was an established commercial site with a long history of use as a warehouse. She explained that if approved, the application would allow her client to provide a secure all weather loading and unloading area which was vital for a long term contract as an intermediate distribution centre. She confirmed that very special circumstances had been demonstrated and accepted. The extension would infill the existing building complex and any impact on the openness of the green belt is deemed to be marginal.

Members acknowledged that the landscaping of the hard standing area was included as a condition of the approval.

RESOLVED:       That the application be approved subject to the conditions listed in the report and the amended and new conditions below.

Amended Condition 3

Notwithstanding the application details hereby approved , full details of the fencing, landscaping, including a planting schedule and phasing and bunding, including, spot heights, details of material and sections shall be submitted to and approved in writing by the Local Planning Authority within 28 days of the date of this permission. The development shall thenceforth be undertaken in strict accordance within 56 days of the date of this permission.

Reason:- To protect the openness and visual amenity of the Green Belt and to secure compliance with York Development Control Local Plan Policies GB1 and GB11.

Amended Condition 4

The turning area hereby authorised and illustrated on Drawing Ref:- BS2870-02 Rev F shall be provided within 56 days of the date of this permission and shall be kept free from obstruction at all times thereafter.

Reason:- To protect the openness of the Green Belt and to secure compliance with Policies GB1 and GB11 of the York Development Control Local Plan.

New Condition 5

At times when the depot is not in operation no more than 4 HGVs or associated trailers shall be parked within the area hatched to the south west of the building complex illustrated on Plan Ref:-BS2870-02 Rev F and no other external parking shall take place other than within the yard area directly adjacent to and to the north east of the building complex.

Reason:- To secure the openness of the Green Belt and to secure compliance with Policies GB1 and GB11 of the York Development Control Local Plan.

REASON:           The proposal, subject to the conditions listed in the report and the amended and new conditions above, would not cause undue harm to interests of acknowledged  ...  view the full minutes text for item 16.

This application seeks planning permission for the erection of four houses within the garden of Tyree at 97 York St, Dunnington. [Derwent] [Site Visit] 

Members considered a full application from MDL Land Ltd and Mrs K Wheater for the erection of four dwellings with associated garages, new site access and a pond extension.

Officers provided the following update.

·        An email has been submitted by Cllr. Brooks outlining her objections to the application.  This was circulated to Members by email and by hard copy at the meeting. It raised the following concerns.

o   Development would have detrimental effect on the character of the entrance to the village.

o   Sub division of gardens is contrary to Dunnington Village Design Statement

o    Development would not respect or enhance 95 York Street nor area which it is proposed to develop

o   Development would not respect form, layout and density of development in the area.

o   It would cause increase in traffic onto York Street at an already difficult junction – moving entrance westward increases the danger of east bound traffic waiting to turn in being shunted from the rear by a vehicle coming over the blind summit of bridge at speed.

·        The Parish Council object to the proposed development on the following grounds:

o   Poor visibility in all directions.

o   The cluster of junction exits which are already in place around the application site makes it unreasonable to add any additional access points, the original enlarged access was reasonable but would impact on pedestrian traffic of the route popular with children going to school.

o   The railway bridge fencing was erected by Dunnington Parish Council, the amended proposals involve disturbing such features yet there has been no advance notice from any party involving the applicant**.

o   A response to this point has been submitted by the applicants.  The response states that the bank in question is within the ownership of the applicants and that the fence line is owned and maintained by the Highway Authority.  Regardless, Officer’s advise that land ownership issues are not a material consideration in the determination of planning applications and weight should not be given to such issues.

·        The Chair of Dunnington Village Design Statement has submitted objections in terms of the proposal being contrary to Policy HE3 and GP10 of the Local Plan as the proposal would seriously detract from the quality, semi-rural undeveloped character, and delightful entrance to the village.  The proposal is a subdivision of a garden which would be detrimental to character and amenity of the environment.

·        Objections have also been raised regarding the access, these objections are along the same lines as objections previously raised and summarised in the Committee Report.  The letter also outlines that the Village Design Statement seeks to preserve open spaces and encourage the retention of larger garden plots.

Officers advised Members that proposed condition requires the development to be a maximum of 8.2m high.  However, for reasons of flood risk the finished floor level of the houses may need to rise a little.  Therefore it is suggested that the maximum height should be 8.6m.  Officers consider that this increase in height would not harm  ...  view the full minutes text for item 17.

The application is for the change of use of a 2-storey hairdressers (class A1) to a mixed use bakery/cake shop and tea room.

The application is before Members because the applicant is an employee of the Council. [Clifton] [Site Visit]

Members considered a full application from Mrs Nelson for the change of use from a hairdressers (use class A1) to a mixed use retail bakery/cake shop and tearoom.

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

REASON:           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 loss of a retail use, the control of food and drink uses, the impact on the character and appearance of the conservation area, highway issues, cycle parking and neighbour amenity. The application therefore complies with the overall aims and objectives of the National Planning Framework and policies GP1, S6, S9, T4, HE2 and HE3 of the City of York Local Plan.      

This report (presented to both Sub Committees and Main Planning Committee) informs Members of the Council’s performance in relation to appeals determined by the Planning Inspectorate from 1^st April to 30^th June 2012, and provides a summary of the salient points from appeals determined in that period. A list of outstanding appeals to date of writing is also included.

Members received a report which informed them of the Council’s performance in relation to appeals determined by the Planning Inspectorate from 1^st April to 30^th June 2012 and provided a summary of the salient points from appeals determined in that period.

RESOLVED:       That the content of the report be noted.

REASON:           So that Members can be kept informed on appeals determined by the Planning Inspectorate.