Agenda and minutes

At this point in the meeting, Members are asked to declare:

·        any personal interests not included on the Register of Interests

·        any prejudicial interests or

·        any disclosable pecuniary interests

which they may have in respect of 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 had in the business on the agenda.

Councillor McIlveen declared personal non prejudicial interests in Agenda Items 4f) (24 Wilberforce Avenue) as a member of York Residential Landlords Association and in 4j) (21 Longwood Road) as the Ward Member who called in the application for consideration by the Committee.

Councillor Douglas also declared a personal non prejudicial interest in Agenda Item 4f) as the Ward Member who had called in the application for consideration by the Committee.

Councillor Reid declared a personal non prejudicial interest in Agenda Item 4c (Proposed Wind Turbine, Wheldrake) as she was in receipt of FIT (Feed In Tariff) payments for Photo Voltaic panels on her roof.

No other interests were declared.

To approve and sign the minutes of the last meeting of the Sub-Committee held on 10 October 2012.

RESOLVED:       That the minutes of the East Area Planning Sub-Committee held on 10 October 2012 be approved and signed by the Chair as a correct record subject to the following amendment;

Minute Item 28a) 19 Farndale Avenue, York. YO10 3NY (12/02451/FUL)

                             Councillor Warters requested that his vote for refusal be recorded.

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 7 November 2012 at 5.00 pm.

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 of consultees and officers.

This application is for a Change of use from offices to 8no. Residential apartments. [Fishergate]

Members considered a full application for a change of use from offices to 8 no. residential apartments.

Some Members asked whether the flues and extraction vents for the apartments could be painted to lessen the visual impact that they could have on the character of the area.

Other Members suggested that if the application was approved that a condition be added to planning permission to provide parking for motorcycles and mopeds.

RESOLVED:       That the application be approved subject to a Section 106 agreement.

REASON:           In the opinion of the Local Planning Authority the proposal, subject to the conditions listed above and in the Officer’s report, would not cause undue harm to interests of acknowledged importance, with particular reference to impact upon character and appearance of the Conservation Area, impact upon amenities of future occupants of the property and loss of potential employment land. As such the proposal complies with Policies GP1,HE3, and E3b of the City of York Development Control Local Plan.

This application is for the installation of roof mounted flues and associated external plant and machinery with a ground mounted fresh air handling unit to ventilate the Nanocentre, a facility within the building associated with research into the production of solar cells and precision silicon fibre optics.

Councillor Neil Barnes has called the application in for consideration by Members of the East Area Planning Sub-Committee in view of the potential impact upon the residential amenity of properties in Mill Lane. [Heslington] [Site Visit]

Members considered a full application for the installation of roof mounted flues and associated external plant and machinery.

Representations in objection were received from a local resident. She was concerned about the noise that would be heard from the operation of the machinery and that the trees along the boundary were deciduous and so would not screen the site effectively. She also raised concerns about safety, related to the usage and toxicity of the chemicals which would be used on the site. She felt that no details had been given about the containment and disposal of the chemicals.

Representations in support were received from the agent for the applicant. He informed Members that the usage of chemicals would be limited and would only be used in small volumes in a diluted form. He also felt that the flues and machinery would not be readily visible from the rest of the Science Park and that the noise levels produced would be minimal.

In reference to the comments about the usage of chemicals on the site, Officers informed Members that the chemicals that would be used conformed with the Control of Substances Hazardous to Health (COSHH) regulations. They also added that the volume of chemicals that would be used were below the threshold set by the regulations. Members were informed that if the plant was found to be using a level above this, then enforcement would be carried out by the Health and Safety Executive (HSE). It was also reported that the HSE carried out unannounced inspections to make sure that the regulations had been complied with.

Some Members observed that other parts of the Science Park would also be dealing with hazardous materials and questioned if new equipment was installed which produced noise, whether they would be above the level of the current noise made by the fans.

The agent for the applicant confirmed that the levels of new equipment would not be above the current noise levels.

Some Members suggested that the vents on the building should be painted and treated to make them weather resilient and also felt that evergreen trees should be planted to reduce the visual impact of the site.

RESOLVED:       That the application be approved with the following additional condition;

4.                          The flues hereby permitted shall be painted a dark colour previously authorised in writing by the Local Planning Authority prior to being first brought into use.

Reason:              To safeguard the visual amenity of the wider street scene and to secure compliance with Policy GP1 of the York Development Control Local Plan.

REASON:           In the opinion of the Local Planning Authority, the proposal subject to the conditions listed above and in the Officer’s report, would not cause undue harm to interests of acknowledged importance, with particular reference to impact upon the visual amenity of the wider street scene and impact upon the residential amenity of nearby properties. As such the proposal complies with Policies GP1, ED7 and E8 of the City of York Development Control Local  ...  view the full minutes text for item 33b

This application seeks planning permission in respect of land at OS Grid Ref 466532 and 445234 at Crockey Hill Road, Wheldrake for the erection of a single 50kW wind turbine with a hub height of 25 metres. [Wheldrake] [Site Visit]

Members considered a full application for the erection of a 25m high (hub height) 50kW wind turbine.

Representations were received in objection to the application were received from a local resident. He raised comments regarding road safety on the adjacent road to the site, in that he felt that danger would be increased due to drivers being distracted by the wind turbine. He also felt that the level of noise from the turbine would be detrimental, and pointed out that the speed of the blades turning would need to be measured over a year in order to correctly measure the noise levels.

Further representations in objection were received from another local resident. He felt that the application should be refused because it did not make a significant level of energy contribution. He also felt that the approval of one turbine would set a precedent for others in the local area.

Representations were received in objection from an adjacent neighbour. He felt that the turbine would affect his visual amenity due to the close distance of it to his property. He also felt that insufficient details had been provided in the noise survey, particularly in relation to the existence of persistent prevailing winds.

Representations in support were received from the applicant’s agent. She felt that the application should be approved because the Council should be proactively supporting applications that helped to reduce climate change. She felt that the noise emitted by the turbine were within the lowest guidelines for turbines, she also added that in her opinion, there was no evidence that the turbine would have a detrimental effect on migratory birds. In addition she stated that the turbine was sited in accordance with Natural England guidelines for bird and bat buffer zones.

Further representations were received from Wheldrake Parish Council. They objected to the application on the grounds of visual amenity, in that the turbine would be an industrial structure within a rural landscape and the background noise produced.

Representations were received from the Ward Member, Councillor Barton.

He felt that the turbine would not be aesthetically pleasing, particularly given its location and that although subsidies were given to those people who promoted renewable energy usage that the cost of the subsidy would be paid by the customer on top of their energy bills.

The applicant’s agent was asked by one Member of the Committee if the applicant could use another source of renewable energy. The agent explained that the applicant was restricted in what he could construct in that his land was rented, and was the only one he was resident on.

Some Members felt that if the Committee approved the application that a precedent would not be set, as applications were always considered on their own merits. They also pointed out that it was difficult to site a turbine in a location where it could not be seen by anyone.

Other Members felt that the application should be refused as the turbine, in comparison to ones in other  ...  view the full minutes text for item 33c

This application is for the erection of six houses and the conversion of a barn into three dwellings on land to the rear of the Fox Inn Public House located on The Village in Stockton-on-the-Forest.

This application has been brought before Planning Committee at the request of Cllr Doughty for reason of overdevelopment and the associated concerns raised by local residents. [Strensall] [Site Visit]

Members considered a full application for the erection of 6 no. terraced dwellings and conversion of existing outbuildings to 3no. dwellings with associated parking and access (revised scheme).

In their update to Members, Officers suggested that if the application was approved that a condition be added on for working hours of construction to be restricted.

Representations in objection were received from a local resident. She felt that the application would have a detrimental effect on the safety of the children that attended the primary school next to the pub. This was because there was often an overspill of cars from the pub’s car park (which the school had been allowed to use) on to the main road, and that if the development was approved it would lead to further congestion. She added that it would make crossing the road to the school more dangerous for children. She commented that if the application was approved, that the applicant could  perhaps provide alternative parking spaces that could be used by parents picking and dropping off their children to overcome the loss of the spaces in the pub car park.

Representations in support were received from the applicant’s agent. In relation to the concerns raised about parking the applicant said that the pub would be closed during the drop off and pick up times for the school. He added that the design of the proposed dwellings would blend in with buildings in the surrounding area. It was noted that these buildings would be promoted as smaller homes for first time buyers.

Representations were received from the Ward Member, Councillor Doughty. He spoke about how felt the proposal constituted overdevelopment, in that the number of properties and the style of them using the space in the pub car park would give an urban feel to a village setting. He added that concerns remained regarding the access to and from the new properties, in particular tight access for emergency vehicles. He informed the Committee that the loss of the car parking spaces for the pub would detrimentally affect its financial viability.

Some Members raised questions relating to the current and future parking situation and how refuse would be collected from the pub and the houses.

In response to Members’ questions relating to refuse collection, Officers confirmed that as there would be a restricted amount of turning space in the access to the pub and the dwellings that waste would be collected at the roadside.

Some Members felt that the operation of the pub was irrelevant to making the decision to grant planning permission. One Member commented that although he was concerned about the displacement of cars on to the main street, that the development should be welcomed as would rejuvenate that part of the village.

Discussion between Members and Officers took place and it was suggested that if the application was approved that a condition to restrict construction hours be added to planning approval. One Member requested that if the applicant wanted to vary one  ...  view the full minutes text for item 33d

This application is for the temporary use of part of a car park at the Designer Outlet for a funfair. This application has been brought before East Area Planning Committee because the application for the ice rink was determined at committee level. [Fulford] [Site Visit]

Members considered a full application for the temporary use of a car park for a fun fair at York Designer Outlet.

In their update to Members, Officers commented that if the application was approved that there would be a temporary loss of 100 car parking spaces. They also informed the Committee that the event which would use the car park, a fun fair, ran last year and that no concerns had been received from the Council’s Highways Department. Officers also told Members that they had received an additional letter from a resident of Naburn Lane which stated that the event would be highly audible from the property and that mains power supply rather than generators should be used.

Representations in objection were received from a local resident. He felt that when permission was granted on the site for a fun fair that concerns had raised about the detrimental effect that generators had on the amenity of local residents. He also pointed out that a bat survey had not been carried out by the applicant.

Representations in support were received from the applicant. She informed Members that if there was the possibility that levels of noise from recorded music could be heard from nearby properties, then the volume would be reduced immediately. She also told Members that she had not received complaints about the electric generators following the operation of the funfair last year. In response to a Member’s question regarding the usage of electric generators as a power source, the applicant commented that although mains electricity was available where the fair was based, this was already being used for  the Ice Factor on that side of the site. This meant that the mains electricity supply was already being used to capacity.

Further representations were received from a representative of Fulford Parish Council. She felt that the application should be refused because special circumstances had not been demonstrated, given that it was sited in the Green Belt. She also highlighted that there were concerns over parking for the event, following problems that had been encountered the year before.

Discussion between Members took place regarding parking and the provision of electricity to the site.

Some Members felt that it should be noted if a future application was considered that other arrangements for providing electricity should be considered by the applicant. Members agreed that permission should be granted for further than one year and that the applicant should be requested to investigate  provision of mains electricity supply as part of any future proposals.

RESOLVED:       That the application be approved with a condition restricting the permission to the current season only.

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 the impact on the Green Belt, the amenities of local residents, and on the local highway network and car parking.  As such the proposal complies with Policies GB1, GP1 and GP23 of  ...  view the full minutes text for item 33e

This application is for a change of use and conversion of existing property to an 8 bed house in multiple occupation (sui generis).

This application was called in by Councillor Helen Douglas on 17/09/2012 - the reason cited being over development and insufficient parking. [Clifton] [Site Visit]

Members considered a full application for a change of use and conversion of an existing property to an 8 bed house in multiple occupation (HMO).

Some Members requested that if the application was approved that a condition be added to ensure that the building at the rear of the property not be used for habitable accommodation or as a separate unit.

RESOLVED:       That the application be approved with the following additional condition;

4.                          The freestanding building within the rear cartilage of the property shall at no time be used as  bedroom accommodation nor shall it be used as a separate unit of accommodation to the hereby approved house in multiple occupation.

Reason:              In the interests of the living conditions of prospective residents of the property and of adjacent residents.

REASON:           In the opinion of the Local Planning Authority the proposal, subject to the conditions listed in the Officer’s report and above, would not cause undue harm to interests of acknowledged importance, with particular reference to the effect on residential amenity and the impact on the streetscene. As such the proposal complies with Central Government advice contained within the National Planning Policy Framework (March 2012), policies GP1 and H7 of the City of York Development Control Local Plan and the 'Guide to extensions and alterations to private dwelling houses' Supplementary Planning Guidance.

This application is for a first floor side extension and erection of a detached garage.

The application is brought to the Committee for a decision as the applicant is an employee of the Council. [Clifton]

Members considered a full application for a first floor side extension and erection of a detached garage.

RESOLVED:       That the application be approved.

REASON:           In the opinion of the Local Planning Authority the proposal, subject to the conditions listed in the Officer’s report, would cause undue harm to interests of acknowledged importance, with particular reference to the impact on the character and appearance of the conservation area and the effect on neighbour amenity. As such the proposal complies with national planning advice in relation to designed contained within the national Planning Policy Framework and Policies HE2, GP1 and H7 of the City of York Development Control Local Plan and the ‘Guide to extensions and alterations to private dwelling houses’ Supplementary Planning Guidance.

This application is for a mooring for one vessel on the towpath adjacent to the Millennium Bridge on the eastern side of the River Ouse to be used as a café.

The application has been referred to the Committee for a decision as it has been submitted on behalf of City of York Council by Property Services. In addition, Councillor D`Agorne wishes the application to be determined by the Committee in order that any interested parties can attend the meeting and make personal representations. He has also raised issues relating to the potential impact on trees, safe access for the elderly and increased litter.[Fishergate] [Site Visit]

Members considered a full application for a mooring for one vessel on the towpath adjacent to the Millennium Bridge on the eastern side of the River Ouse to be used as a café.

Officers shared with the Committee some comments that had been received from the Friends of New Walk, who questioned whether a track would appear in the adjacent woodland, if the café chairs would be removed at night, whether the servicing of supplies would take place off site.

An Officer from the Council’s Property Services department, who had submitted the application answered the comments from the Friends of New Walk. In response to comments submitted by Councillor D’Agorne about a handrail being provided for the steps down to the towpath, the Officer reported that this could be problematic as flooding and debris from the river could get caught in the handrail. She also commented that it would the responsibility of the café operator to take away the tables at night. It was noted that the vessel would be taken away at night. She added that the rings would be placed on the lower towpath.

One Member suggested that if the application was approved that a plaque be added on the towpath to illustrate the railway heritage in the area.

RESOLVED:       That the application be approved.

REASON:           In the opinion of the Local Planning Authority, the proposal, subject to the conditions listed in the Officer’s report, would not cause undue harm to interests of acknowledged importance, with particular reference to the impact on the openness of the Green Belt, the impact on the character and appearance of the conservation area and the waterway setting. As such the proposal complies with the National Planning Policy Framework and Policies SP3, NE2, NE8, HE3, GB1 and L4 of the City of York Development Control Local Plan.

This application is for the erection of three-storey block of 16no. 2 bedroom apartments and 7no. two storey 3 bed houses with associated access. [Clifton] [Site Visit]

This full major application is for the erection of a three-storey block of 16 no. 2 bedroom apartments and 7no. two storey 3 bed houses with associated access.

In their update to Members, Officers gave an update on the progress of the draft Section 106 agreement. They also stated that cycle storage and turning space for refuse vehicles had been revised by the applicant, and that these had been accepted by Officers. It was reported that recent minor revisions had not been shown on the plans for approval, it was therefore suggested that if Members were minded to approve the application that the final approval of the recent revisions be delegated to Officers.

Discussion between Members related to the roads and footpaths on the site. Ward Members raised concerns about the lack of a clear boundary between the public footpath and the site, as they felt it would make the properties vulnerable to crime. Others were concerned about pedestrian safety due to the shared access to the site with vehicles using the same route as pedestrians.

Some Members felt that as the footpath was not part of the development that it should be separated off. Officers confirmed that the shared use conformed to current best practice for such access roads and that the ‘Homezones’ principle had been approved used extensively elsewhere in the City.  It was also  details of materials used for a boundary would have to be approved.

RESOLVED:        That delegated authority be given to Officers to approve the application subject to;

(i)           A revised layout to separate the existing footpath from the new access road, following agreement with local Members and;

(ii)          A Section 106 agreement with the following conditions;

21.                         No development shall take place until details have been submitted to and approved in writing by the Council of measures to be provided within the design of the new buildings and landscaping to accommodate bats and birds. The development shall be carried out in accordance with the approved details.

Reason:                To enhance the habitats and biodiversity of the locality

REASON:           In the opinion of the Local Planning Authority, the proposal, subject to the conditions listed in the Officer’s report and above, would not cause undue harm to interests of acknowledged importance, with particular reference to: the principle of development for housing; density; visual appearance; landscaping; contamination, sustainability; impact on trees; neighbour amenity; access, parking and highway safety; drainage; affordable housing; education, open space and construction impact. As such the proposal complies with the National Planning Policy Framework and policies GP1, GP4a, GP6, GP9, ED4, GP15a, NE1, H2a, H5a, L1c and T4 of the Draft City of York Local Plan.

This application is for a two storey side and rear extension and single storey rear extension and erection of boundary wall (resubmission).

The application is brought to committee at the request of Cllr McIlveen because of local concerns in respect to over-development. [Skelton, Rawcliffe and Clifton Without] [Site Visit]

Members considered a full application for a two storey side and rear extension and single storey rear extension and erection of boundary wall (resubmission).

Representations were received from the agent for the applicant. He informed the Committee that the applicant wanted to increase his family home, and hoped that he had overcome the previous reasons for refusal.

RESOLVED:       That the application be approved.

REASON:           In the opinion of the Local Planning Authority the proposal, subject to the conditions listed in the Officer’s report, would not cause undue harm to interests of acknowledged importance, with particular reference to the effect on residential amenity, car parking and the impact on the streetscene. As such the proposal complies with Policies H7 and GP1 of the City of York Development Control Local Plan and the 'Guide to extensions and alterations to private dwelling houses' Supplementary Planning Guidance.

This application is for the erection of a dormer bungalow to rear with access from Thirkleby Way. [Osbaldwick] [Site Visit]

Members considered a full application for the erection of a dormer bungalow to rear with access from Thirkleby Way.

In their update to Members Officers confirmed that a condition of approval needed to be amended to include further technical figures.

Some Members asked the Officers questions about the long boundary hedge and the retention of other hedges on the site. It was confirmed that if the application was approved a condition would be added to restrict the boundaries of the site. It was also noted that the applicant would retain the smaller front hedge. Some Members added that the condition should restrict the height of the boundary hedge to 2 metres to prevent overshadowing on to the neighbouring property.

Other Members expressed concerns that that the turning area for the proposed access to the bungalow was very tight.

Some Members felt that the application should be refused due to the claustrophobic nature of the space around the proposed bungalow, and also that it would compromise the residential amenity of the neighbouring property if a hedge on site was removed.

RESOLVED:       That the application be approved with the following amended and additional conditions;

8.                          Development shall not begin until details of foul and surface water drainage works have been submitted to and approved in writing by the Local Planning Authority, and carried out in accordance with these approved details.

                             The details shall include the following requirements:

(i)           Site specific details of the flow control device manhole limiting the surface water to 2.25 lit/sec.

(ii)          Site specific details of the storage facility to accommodate 13.9m3 of storage.

(iii)        Details of future management/maintenance of the proposed drainage system.

Reason:              So that the Local Planning Authority may be satisfied with these details for the proper drainage of the site.

12.                       No development shall commence until and unless details of provision for public open space facilities or alternative arrangements have been submitted to and approved in writing by the Local Planning Authority. The Open space shall thereafter be provided in accordance with the approved scheme or the alternative arrangements agreed in writing by the Local Planning Authority and thereafter implemented, prior to first occupation of the development.

Reason:              In order to comply with the provisions of Policy L1c of the Development Control Local Plan which requires that all new housing sites make provision for the open space needs of future occupiers.

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

- principle of development;

- density, design, landscaping and visual impact ;

- impact on neighbouring amenity;

- access and highway safety;

- sustainability;

- drainage;

- open space, affordable housing and education provision.

As such the proposal complies with the overall aims and objectives of the National Planning Policy Framework, and Policies GP1, GP10, GP6, NE1, H4, L1, GP4 of the City of York Development Control Local  ...  view the full minutes text for item 33k

This application is for a substantial open-sided steel framed barn at the eastern edge of the site. [Derwent] [Site Visit]

Members considered a full application for a substantial open-sided steel framed barn at the eastern edge of the site.

Officers suggested to the Committee that the application should be deferred as a technical difficulty had occurred during the writing of their report. It was reported that the public access website had closed down to new representations prematurely. Officers added that if the application was deferred that the neighbour notification exercise could take place again prior to any future consideration by the Committee.

They also reported that a concern had been expressed in respect of the content of the submitted Design and Access Statement and the manner in which the proposed usage of the barn is described. They added that further clarification would be sought in respect of the proposed usage of the barn.

Members also added that it would be beneficial to defer consideration as the cut off date for comments on the public access website was incorrect.

RESOLVED:       That the application be deferred.

REASON:           In order to allow for public consultation to take place, and to seek further clarification regarding the usage of the proposed barn.

Any other business which the Chair considers urgent under the  Local Government Act 1972.

Under this item, one Member raised a concern about planning conditions to restrict working hours and material variation not being complied with on a development site in his ward. He felt that the non compliance of this condition in general should be examined by the Committee at a future meeting.

It was suggested that this issue could be taken to the Main Planning Committee or that the Assistant Director for City Development and Sustainability attend all the Planning Committees to discuss this issue with Members.