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 not included on the Register of Interests that they might have had in the business on the agenda.

Councillor Cragg declared a personal interest in Agenda Item 4a) (Royal Masonic Benevolent Institute, Connaught Court) as a former Member of Fulford Parish Council.

No other interests were declared.

To approve and sign the minutes of the meetings of the Area Planning Sub-Committee held on 5 March and 9 April 2015.

Resolved:  That the minutes of the Area Planning Sub-Committee meetings held on 5 March and 9 April 2015 be signed and approved by the Chair as correct records.

It is at this point in the meeting that members of the public who registered their wish to speak can do so. The deadline for registering is by 5.00 pm on Wednesday 10 June 2015.

Members of the public can speak on specific planning applications or on other agenda items or matters within the remit of the Committee.

To register please contact the Democracy Officer for the meeting, on the contact details at the foot of this agenda.

Filming, Recording or Webcasting Meetings

Please note this meeting may be filmed and webcast or audio recorded and that includes any registered public speakers, who have given their permission.  The broadcast can be viewed at http://www.york.gov.uk/webcasts  or,if sound recorded, this will be uploaded onto the Council’s website following the meeting.

Residents are welcome to photograph, film or record Councillors and Officers at all meetings open to the press and public. This includes the use of social media reporting, i.e. tweeting.  Anyone wishing to film, record or take photos at any public meeting should contact the Democracy Officer (whose contact details are at the foot of this agenda) in advance of the meeting.

The Council’s protocol on Webcasting, Filming & Recording of Meetings ensures that these practices are carried out in a manner both respectful to the conduct of the meeting and all those present.  It can be viewed at http://www.york.gov.uk/downloads/download/3130/protocol_for_webcasting_filming_and_recording_of_council_meetings

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 Sub-Committee.

To determine the following planning applications:

Members considered a schedule of reports of the Assistant Director (Development Services, Planning and Regeneration) relating to the following planning applications outlining the proposals and relevant policy considerations and setting out the views of consultees and Officers.

Erection of 14no. dwellings following demolition of existing bowling clubhouse and garage block [Fulford and Heslington] [Site Visit]

Members considered a full major application from RMBI and Shepherd Homes Ltd for the erection of 14 numbered dwellings following the demolition of an existing bowling clubhouse and garage block.

Representations were received from the Ward Member, Councillor Aspden. He gave a short history of the site to the Committee and informed them that it was a major feature of the village. He felt that the development would harm the Conservation Area, would encourage flooding and would not tie in with the emerging Local Plan.

Representations in objection were received from a local resident, David Wilkinson. He handed out a series of photographs to Members and explained to Members using them how he felt the development of the houses would damage views looking in and out of the site.

Further representations in objection were received from the Chair of Fulford Friends, Constance Smith. She felt that the development would cause irreversible harm to the Fulford Conservation Area. She added that the design for the development should be sympathetic to the parkland setting and of smaller scale. However, what had been planned were larger and closely packed houses.

Karin de Vries from Fulford Parish Council spoke about how the Conservation Area had been extended to protect the grounds of Fulford Park. She felt that the harm to it would be substantial and that there should be a reassessment carried out.

Richard Wood, the agent for the applicant spoke in support of the application. He informed the Committee that the application had no objections from the Environment Agency and it was suitable, achievable and deliverable under the National Planning Policy Framework.

Some Members raised concerns about specialist conservation information that had only recently become available on the public website and asked whether the Conservation Officer’s views had been sought.

The Planning Officer advised that the Council’s Conservation Architect had made comments on the scheme but for technical reasons they had not been viewable by the public until recently.  The Conservation Architect, who was in attendance at the meeting, responded that she had reviewed and had an input into the relevant sections of the officer’s report.

Resolved: That the application be approved.

Reason:    The application would provide 14 dwellings in a highly sustainable and accessible location.  There would be some minor harm to designated heritage assets, i.e. Fulford Village Conservation Area, the setting of Fulford Road Conservation Area and the setting of the Grade II listed building (The Cottage).  Having attached considerable importance and weight to the desirability of avoiding such harm the local planning authority has concluded that it is outweighed by the application's public benefits of providing much-needed housing in a sustainable location.  In terms of flood risk the local planning authority has carried out a sequential test and is satisfied that there are no other appropriate, reasonably available sites for the proposed development in areas with a lower probability of flooding.  Furthermore that the development would be appropriately flood resilient and resistant.  All other issues are satisfactorily addressed. The  ...  view the full minutes text for item 4a

Change of use of outbuildings to form additional residential accommodation for The Cottage with associated alterations

[Rural West York] [Site Visit]

Members considered a full application from Messrs Dodgson for a change of use of outbuildings to form additional residential accommodation for The Cottage with associated alterations.

Agenda Items 4b)-4e) were considered and debated at the same point in the meeting due to them being on the same site and as the agent for the applicant had registered to speak on all of applications.

Representations were received from the agent for the applicant, David Bolton. He spoke about how the current non-residential buildings would be reused and the impact on the openness of the green belt would be reduced. In addition, the DIY livery yard was now not commercially viable and did not employ anyone on site. He added that the existing site access was deemed acceptable to Highways Officers and would serve all the properties and that the scheme had been revised to remove the access to the north as a result of this. The Internal Drainage Board and the Council’s Drainage Officer were also satisfied with the submitted proposals.

Councillor Reid explained why she had called in the application for consideration. She added as residents concerns over the access had now led to a revision in the scheme, and that the leylandii hedges had been removed, that she was happy to approve the application. She suggested that a condition be added to restrict bonfires in respect of the disposing of construction waste. Officers advised that an informative be added rather than a condition.

Resolved: That the application be approved with the following informative;

3.             The developer’s attention is drawn to the various requirements for the control of noise on construction sites laid down in the Control of Pollution Act 1974. In order to ensure that residents are not adversely affected by air pollution and noise, the following guidance should be adhered to, failure to do so could result in action being taken under the Control of Pollution Act 1974:

(a)        All demolition and construction works and ancillary  operations, including deliveries to and despatch from the site shall be confined to the following hours: 

                 Monday to Friday 0800 to 1800

                 Saturday 0900 to 1300

                 Not at all on Sundays and Bank Holidays

(b)        The work shall be carried out in such a manner so as to comply with the general recommendations of the British Standards BS 5228: Part 1 : 1997, a code of practice for “Noise and Vibration Control on Construction and Open Sites” and in particular Section 10 of Part 1 of the code entitled “Control of noise and vibration”.

(c)         All plant and machinery to be operated, sited and maintained in order to minimise disturbance. All items of machinery powered by internal combustion engines must be properly silenced with and/or fitted with effective and well-maintained mufflers in accordance with manufacturers instructions.   

(d)        The best practicable means, as defined by Section 72 of the Control of Pollution Act 1974, shall be employed at all times, in order to minimise noise emissions.

(e)        All reasonable measures shall be employed  ...  view the full minutes text for item 4b

Change of use of outbuildings to form additional residential accommodation for The Coach House with associated external alterations [Rural West York] [Site Visit]

Members considered a full application from Messrs Dodgson for a change of use of outbuildings to form additional residential accommodation for The Coach House with additional external alterations.

Discussion of this item took place under Agenda Item 4b) (Minute Item 59b refers).

Resolved:  That the application be approved.

Reason:   The change of use of stables to provide an extension of existing residential accommodation is considered to be acceptable. The proposed development would have a very limited impact to the openness and character of the green belt and, subject to the submission of satisfactory drainage details, it is not considered to result in harm.

Change of use of outbuildings to form additional accommodation for West Cottage with link extension and associated external alterations. [Rural West York] [Site Visit]

Members considered a full application for a change of use of outbuildings to form additional accommodation for West Cottage with link extension and associated external alterations.

Discussion of this item took place under Agenda Item 4b) (Minute Item 59b) refers).

Resolved:  That the application be approved.

Reason:   The change of use of stables to provide an extension of existing residential accommodation is considered to be acceptable. The proposed development would have a very limited impact to the openness and character of the green belt and, subject to the submission of satisfactory drainage details, it is not considered to result in harm.

Change of use of outbuildings to form additional accommodation for The Dovecote, alterations to Byre House and the conversion, alteration and extension of outbuildings to form 5 no.dwellings with associated gardens and parking [Rural West York] [Site Visit]

Members considered a full application by Messrs Dodgson for a change of use of outbuildings to form additional accommodation for The Dovecote, alterations to Byre House to form 5 numbered dwellings with associated gardens and parking.

Discussion of this item took place under Agenda Item 4b) (Minute Item 59b refers).

Resolved: That the application be approved.

Reason    The proposed development would have a very limited impact to the openness and character of the green belt and, subject to the submission of satisfactory drainage details, it is not considered to result in harm.

Conversion of Malt House into 6no. residential units [Micklegate] [Site Visit]

Members considered a full application by Northminster Limited for a conversion into six residential units.

Officers provided an update to Members on an updated Bat Survey, the Conservation Areas Advisory Panel (CAAP) comments on the application and further objections received since the publication of the agenda.

Updated Bat Survey

The Bat Survey from 8 June 2015 included the results of dusk and dawn surveys undertaken on 28^th May and 8^th June 2015 and an unmanned recorder in the roof of the building which were requested by the Council’s Ecology officer following the results of the Bat Scoping Survey.

The Bat Survey conclusively found that no bats roosted within the building and that there was no evidence of the use of the interior of the building by bats. The dusk and dawn activity surveys confirmed the presence of pipestrelle species of bats commuting over and past the site most likely to a roost site somewhere north of the site but not using the building itself. Bats were recorded foraging in the courtyard. Swifts were observed nesting in the eaves on the southern elevation on Lower Ebor Street.

The report had been reviewed by Design, Conservation and Sustainable Development who support the findings and recommendations of the report, including habitat enhancement. Habitat features to benefit bats could very easily be installed on the building to provide new roosting habitat as recommended in section 9.2 of the report. The inclusion of swift boxes would maintain the biodiversity interest of the development.

A condition was proposed as follows:

Bat habitat creation

No development shall take place until full details of what measures for bat mitigation and conservation are proposed and what reasonable measures are to be taken to avoid any possible impact on bats and other species during the construction phase. These should be submitted to and approved in writing by the Council prior to any work commencing.

The measures should include:

i.             Details of how the work is to be implemented including what assessments, protective measures (if any) and sensitive work practices are to be employed prior to and during construction to take account of the possible presence of bats.

ii.            Details of what provision can be made within the development to enhance the features suitable for bat roosting. Features suitable for incorporation include the use of special tiles, bricks, soffit boards, bat boxes and bat lofts.

iii.           No development shall take place until details have been submitted to and approved by the Council as to how Swifts are to be taken into account within the development to enhance the habitat suitable for this species.

iv.          The works shall be implemented in accordance with the approved details and timing unless otherwise approved in writing by the Council.

Reason:  To take account of and enhance habitat for a protected and  declining species.

If bats are discovered during the course of the work, then work should cease and Natural England consulted before continuing.

Informatives

Design, Conservation and Sustainable Development have also requested two  ...  view the full minutes text for item 4f

Conversion of Malt House into 6no. residential units [Micklegate] [Site Visit]

Members considered a listed building consent application from Mr Martin Burgess for a conversion of a Malt House into six numbered residential units.

Councillor Looker raised comments about setting up a management committee to allow public access to the building from time to time and wondered whether an informative could be added to planning permission, should listed building consent be granted.

Resolved: That the application be approved with the following amended informative;

OPEN DAY

The Council advises holding a heritage open day prior to occupation and advertising this for the local community and for other interested parties such as industrial archaeology groups and the Council for British Archaeology. The Council also advises considering including the converted building in the 'Residents First Weekend' where residents of York can view buildings not normally open to them. This is to enable the general public to view the building for its historical interest prior to and following private occupation.

Reason:   This is an imaginative scheme of alteration which preserves many special qualities of the listed building, including its equipment. No other viable use of has come forward in the last ten years; therefore the current residential scheme is seen as the optimal viable use compatible with the building’s long term conservation and as such it has public benefit.

Erection of replacement primary school building followed by part-demolition of existing school building [Fulford and Heslington] [Site Visit]

Members considered an application by Kier Construction on behalf of the Secretary of State for the erection of a replacement primary school building followed by the part demolition of an existing school building.

In their update to Members, Officers reported that an additional letter of support had been received. They suggested amending the proposed drainage condition requiring a maximum surface water discharge rate of 2 litres a second if approval was granted.

Some Members expressed concerns at the sustainability rating of the building and that it would only have a BREEAM very good rating.

Resolved:  That the application be approved with the following amended condition;

7.               The construction of buildings 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, the works shall be completed and maintained in accordance with these approved details.

Details shall include:

a)   Calculations and invert levels to ordnance datum of existing foul and surface water together with details to include calculations and invert levels to ordnance datum of the proposals for the new development.

b)   A topographical survey showing the proposed ground and finished floor levels to ordnance datum for the site and adjacent properties. The development shall not be raised above the level of the adjacent land, to prevent runoff from the site affecting nearby properties.

c)   As there are no existing connecting areas discharging to the existing watercourse then in accordance with City of York Council’s Strategic Flood Risk Assessment and in agreement with the Environment Agency and the Ouse & Derwent Internal Drainage Board, peak surface water run-off must be attenuated to 2.0 lit/sec. Storage volume calculations, using computer modelling, must be provided that must accommodate a 1:30 year storm with no surface flooding, along with no internal flooding of buildings or surface water run off from the site in a  1:100 year storm. Proposed areas within the model must also include an additional 20% allowance for climate change. The modelling must use a range of storm durations, with both summer and winter profiles, to find the worst case volume required.

d)   Site specific details of the flow devise manhole limiting the surface water to the 2.0 lit/sec.

e)   Site specific details of the storage facility to accommodate the  1:30 year storm and details of how and where the volume above the 1:30 year storm and up to the 1:100 year storm will be stored.

f)    Details of maintenance and management of the proposed drainage system.

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

Reason:  The proposed development would enhance facilities for children’s education, and ensure that there is a sufficient choice of school places available to meet the needs of existing and new communities. The proposals are also acceptable in Green Belt terms and will enhance the visual amenity and allow the setting of the original listed building to be better appreciated.

Part demolition of existing school building. [Fulford and Heslington] [Site Visit]

Members considered a listed building consent application by Kier Construction on behalf of the Secretary of State for the part demolition of an existing school building.

Discussion of this application took place at the same time as the application at Agenda Item 4h).

Resolved: That the application be approved.

Reason:    It is considered that the post war school buildings have little architectural merit, therefore no harm results to the listed building by this proposal.

Change of use from dwelling (use class C3) to House in Multiple Occupation (use class C4) including single storey rear extension and alterations to garage [Hull Road] [Site Visit]

Members considered a full application for a change of use from a dwelling (use class C3) to a House in Multiple Occupation (use class C4) including single storey rear extension and alterations to garage.

Representations were received from Councillor Warters.  He urged Members to not feel compelled to grant permission even if Officers reported that it fell within the Council’s percentage of less than 10% of houses being HMOs within 100 metres of the site under consideration. He felt 10% of houses being shared houses, harmed a community’s make up and Badger Hill should be assessed as a distinct community. He thought that the application should also be judged on the impact that it made on the streetscene and noise.

Further representations in objection were received from Daniel Rhodes. He felt that there were too many HMO’s in the local area and made reference to the property’s location in a cul de sac and a local petition regarding the numbers in the area.

Representations in support were received from the agent on behalf of the applicant, Melissa Madge. She informed the Committee that the applicants were told that they did not exceed the threshold for the number of HMO’s in the area, would operate the property as a home for their daughter and her friends (whilst they were studying at University) and that the proposal accorded with Council policy.

During debate Members felt that the application was inappropriate in its location in the cul de sac, and as there were numerous HMO’s to the rear of the property granting permission would increase the percentage of HMO’s in the area.

Councillor Carr moved refusal. Councillor Craghill seconded the motion. On being put to the vote this was carried. [amended at meeting on 9 July 2015]

It was suggested that the reason for the refusal be finalised between the Chair and Vice Chair.

Resolved: That the application be refused.

Reason:   The application property is a semi-detached house located at the head of a quiet suburban residential cul-de-sac where there are no existing Houses in Multiple Occupation. If the proposal were approved it would mean that the percentage of Houses in Multiple Occupation within 100m of the property would increase from 9.1% to 13.6% which is well above the 10% figure contained in the council's Controlling the Concentration of Houses in Multiple Occupation Supplementary Planning Document where it is considered that a street level area can tip from balanced to unbalanced leading to concerns in respect to factors such as noise, community integration, parking pressures and property maintenance.  In addition, there are already at least 4 additional HMO's which although a little outside the 100m area as defined in the Supplementary Planning Document back on to properties in Pinewood Hill and can impact on the amenity of residents in the cul-de-sac.   It is considered that the specific circumstances are such that if approved, the proposal would individually (and cumulatively with other nearby HMO's) cause harm in respect to local community integration and the  ...  view the full minutes text for item 4j

Change of Use from dwelling (use class C3) to House in Multiple Occupation (use class C4) [Osbaldwick and Derwent] [Site Visit]

Members  considered a full application by Mr Colin Dodsworth for a change of use from a dwelling (use class C3) to a House in Multiple Occupation (use Class C4).

Representations were received from Councillor Warters, he mentioned that if planning permission was granted that there would be a 50% concentration of HMO’s on the terrace, in which the property was located. He stated there was inadequate soundproofing, no provision for off street parking and despite the proposed planning condition evidence showed that that there would be no garden maintenance.

Resolved:  That the application be approved.

Reason:     The property is within the urban area, well served by local facilities and close to public transport routes. The dwelling is considered to be a sufficient size, and with an adequate internal layout to accommodate three unrelated individuals. The thresholds within the Council’s Supplementary Planning Document have not been exceeded. As such the proposal is considered to comply with Policy H8 of the Draft Local Plan and subject to conditions is recommended for approval.

Conversion of dwelling into 2no. self contained flats. [Holgate]

Members considered a full application by Mrs Angela Hunter for a conversion of a dwelling into two self contained flats.

Resolved: That the application be approved

Reason:    It is considered that the application is acceptable complies with national guidance in the National Planning Policy Framework and will provide two small residential units for which the North Yorkshire Strategic Housing Market Assessment 2011 indicates there is a high demand in the City.

Change of use from public highway to customer seating area in connection with existing cafe use at 39 Goodramgate (resubmission) [Guildhall] [Site Visit]

Members considered a full application by Ms FM Abeldis for a change of use from a public highway to a customer seating area in connection with existing café use at 39 Goodramgate (resubmission).

Representations in objection were received from Brian Watson, he had previously called in the application when a Councillor. He felt that although there was a gap between the cycle racks and the seating area, this was not particularly big. He felt to put tables and chairs out would compromise highway safety.

Other representations were received on behalf of the applicant from Debbie Sawyer. She worked at the café and told the Committee that safety was highly important to the applicant.

Officers pointed out that the only difference between the refused application and this scheme was the reduced number of the seats shown on the drawing.

During debate some Members felt that the location of the café was not acceptable. Some felt that it would improve the ambiance of the area, potentially reduce traffic and promote good traffic behaviour. The Chair suggested to the Committee that a twelve month temporary permission might be granted in order to see how it operated as a pavement café in this location.

Resolved:  That the application be approved subject to the following condition;

1.   The development hereby permitted shall cease by 1 July 2016 unless a further planning permission has been granted to vary or remove this condition.

           Reason:    A temporary permission is granted to allow the local planning authority to assess the impact of the proposed use on highway safety and the safety and convenience of pedestrians. As the pavement is only approximately 1m wide in this area  and the street is heavily used by vehicles through the daytime this condition is considered to comply with paragraph 35 of the National Planning Policy Framework, which requires developments create safe and secure layouts which minimise conflicts between traffic, cyclists and pedestrians and avoid street clutter.

Reason:       The proposal accords with the aspirations for the type of environment the council is looking to create on the city centre footstreets, and as the space where the seating area is proposed could be parked on by vehicles, there would be no undue effect on pedestrian and highway safety.