Agenda and minutes

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Items
No. Item

Site Visits

Site

Visited by

Reason

26 Tadcaster Road, Dringhouses

CllrsCannon, Carr, Craghill, Crawshaw, Flinders, Galvin, Gillies, Mercer and Shepherd.

As the recommendation was to approve and objections had been received.

30 Southfield Close, Rufforth

CllrsCannon, Carr, Craghill, Crawshaw, Flinders, Galvin, Gillies, Mercer and Shepherd.

As the recommendation was to approve and objections had been received.

10 Great North Way, Nether Poppleton

CllrsCannon, Carr, Craghill, Crawshaw, Flinders, Galvin, Gillies, Mercer and Shepherd.

As the recommendation was to approve and objections had been received.

Colin Hicks Motors, Garage and Yard Rear of 33 Bootham

CllrsCannon, Carr, Craghill, Crawshaw, Flinders, Galvin, Gillies, Mercer and Shepherd.

As the recommendation was to approve and objections had been received

The Falcon Tap, 94 Micklegate

 

 

CllrsCannon, Carr, Craghill, Crawshaw, Flinders, Galvin, Gillies, Mercer and Shepherd.

 

As the recommendation was to approve and objections had been received

 

17.

Declarations of Interest

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.

Minutes:

Members were invited to declare, at this point in the meeting, any personal interests not included on the Register of Interests, any prejudicial interests or any disclosable pecuniary interests that they might have in the business on the agenda.

 

Councillor Carr declared an interest in plans item 4a (26 Tadcaster Road, Dringhouses) as he knew the agent, who was speaking on the application, on a professional basis. He confirmed that he did not know the applicant, land owner or developer but advised that he would not participate in the debate or vote on this item and left the room for consideration of this application.

 

18.

Minutes pdf icon PDF 135 KB

To approve and sign the minutes of the last meeting of the Area Planning Sub-Committee, held on 5 October 2017.

Minutes:

Resolved:  That the minutes of the last meeting of the Area Planning Sub-Committee held on 5 October 2017 be approved and then signed by the Chair as a correct record.

19.

Public Participation

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 5.00pm on Wednesday, 8 November 2017.

 

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 Officers (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/download/downloads/id/11406/protocol_for_webcasting_filming_and_recording_of_council_meetings_20160809.pdf

Minutes:

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.

 

20.

Plans List

To determine the following planning applications:

 

Minutes:

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

 

20a

26 Tadcaster Road, Dringhouses YO24 1LQ (15/02726/FULM) pdf icon PDF 214 KB

Erection of 11 dwellings[Dringhouses and Woodthorpe Ward] [Site Visit]

Additional documents:

Minutes:

Members considered a major full application by William Cloughton for the erection of 11 dwellings.

 

Officers advised that one additional support comment had been received from the resident at 26 Tadcaster Road who advised that:

·        The National Trust were worried about excessive traffic when they have a number of deliveries to the site and have in the past allowed coaches to park on the highway to let visitors alight

·        The bus stop was originally located outside what is now Pocklington Carpets and was only enlarged to allow the purple bendy buses to use the lay-by. These no longer run.

·        The development would stop the parking outside of the hairdressers that spills onto the footpath

For clarification, officers advised that in paragraph 3.31, the objections listed were raised by Cllr Fenton and Cllr Mason as well as Cllr Reid, all Dringhouses and Woodthorpe Ward Councillors, and that, in the same paragraph, the comments of the Dringhouses and Woodthorpe Planning Panel, which had been submitted separately, were included as the last 5 bullet points.

 

Officers recommended that two additional conditions be added to cover street lighting and the use of obscure glazing to the first floor rear dormer windows in the southern elevation of plots 8 and 9.

 

They also recommended that condition 9 (Tree Protection) be amended and condition 14 (Off-site highway works) be amended to remove the reference to “ installation of BLISS real time display”

 

Mr Bruce Kyte, a local resident, addressed the committee in objection to the application. He raised concerns that the proposed development would add to existing congestion on Tadcaster Road and Mayfield Grove and increase the difficulty for those turning out of Mayfield Grove. He also expressed the view that the increase in number of houses in the area would lead to increased risk of surface water flooding.

 

Mr Mark Newby, of Yew Tree Associates, the agent for the applicant, spoke in support of the application. He advised that the scheme had been developed to have a minimum impact on surrounding residential buildings  and was not obtrusive or out of character with area. In response to concerns relating to drainage, he advised that Yorkshire Water had not objected to the drainage scheme submitted by the applicant. Although there were heritage assets nearby, the proposed site was not within the Tadcaster Road conservation area and there were no protected trees on site.

 

Councillor Reid, Ward Member for Dringhouses and Woodthorpe, addressed the committee to raise residents’ concerns in relation to the effect the proposed development would have on surrounding housing (privacy, inadequate parking) and  transport as well as on wildlife and drainage. She expressed concern that the proposed access to the site, and the amount of traffic which would need to leave the site during rush hour, would cause problems to wider road users, as access was located on a busy stretch of road. She advised that the report did not include any information on access from the proposed development to Mayfield Grove  ...  view the full minutes text for item 20a

20b

10 Great North Way, Nether Poppleton, York (16/02285/FULM) pdf icon PDF 145 KB

Erection of a single storey car showroom and workshop with associated facilities [Rural West York Ward]. [Site Visit]

Additional documents:

Minutes:

Members considered a major full application by Mr Robert Bennett for the erection of a single storey car showroom and workshop with associated facilities.

 

Officers provided an update to Members. They recommended  that, in the interests of visual amenity, an additional condition be added to state that there should be no displaying of vehicles within the frontage landscaping strip, adjacent to the public highway as shown on plan 1605/001H. They advised that paragraph 4.14 should refer to Policy D1, and not D2 as stated. They reported that an additional letter of objection had been received from a neighbouring resident highlighting the impact on residential amenity from the existing Arnold Clark dealership and expressing concern about the additional impact from the proposal. They also advised that, for the purpose of clarification, paragraph 5.4 should be amended to read “Given that acceptable proposals have been put forward to compensate for the loss of the SINC, officers consider on balance that this provides material planning considerations which justify a recommendation other than in accordance with the development plan and that the application should be recommended for approval subject to planning conditions. “

 

Mr Jackson, a local resident, addressed the committee in objection to the application. He advised that he worked in the care home adjacent to the site. He expressed concerns that the proposed development would restrict the view for residents and questioned whether this area needed any more car dealerships. He stated that residents felt that their views were not being listened to and advised that they were facing ongoing issues with regard to lighting and the playing of music from another car dealership and feared that this could happen with this development.

 

Mr Ian McGregor, the agent for the applicant, spoke in support of the application. He advised that both noise and lighting would be controlled by condition and that the applicant was aware of residents’ concerns in relation to this and that there would be no noise audible from outside the premises and that lighting would be directed away from residential properties.

 

In response to concerns raised about noise disturbance, clarification was sought by Members on the playing of music in relation to condition 6 which stated background music only with no external loudspeaker. Officers advised that this condition could be strengthened to state that any music played inside the building must not be audible outside the building which was supported by Members.

 

Members acknowledged that the site was designated as green infrastructure in the Upper Poppleton and Nether Poppleton Neighbourhood Plan due to the Site of Local Interest to Nature Conservation (SINC). Some Members accepted that plans were in place to move and relocate the SINC, which would mean that the site would no longer be designated green infrastructure, and that officers felt that this was a material consideration and reason to recommend a decision which is not in accordance with the development plan.

 

Councillor Carr moved, and Councillor Galvin seconded a motion to approve the application in  ...  view the full minutes text for item 20b

20c

30 Southfield Close, Rufforth, York YO23 3RE (17/01251/FUL) pdf icon PDF 40 KB

Variation of condition 2 of permitted application 16/01635/FUL for single storey extension to connect garage to house and re-orientation of garage roof (retrospective).  Alteration of windows throughout to hardwood casements with an off-white finish (revised scheme) [Rural West York Ward]. [Site Visit]

Additional documents:

Minutes:

Members considered a full application by Mr Alex Kirby for the variation of condition 3 of permitted application 16/01635/FUL for a single storey extension to connect the garage to the house and the re-orientation of the garage roof (retrospective) and an alteration of windows throughout to hardwood casements with an off-white finish (revised scheme).

 

Peter Rollings spoke on behalf of Rufforth with Knapton Parish Council in objection to the application. He stated that the proposed extension would not meet the necessary guidelines and would dominate both the property itself and the street scene. He expressed concern that there had been a history of non compliance on this site and asked that if Members were minded to approve this application, it should be made clear to the applicant that further breaches of planning legislation would not be tolerated.

 

Members felt that the single storey link would be below the level of hedge and that it would not impact on neighbouring properties  or the street scene. They felt that the alteration to the windows was a neutral change which was acceptable. They noted that the application for the variation of condition 3 had been made retrospectively but felt that if these changes had been included with the original application, they would have been acceptable.

 

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

 

Reason:     The alterations to the previously approved drawings are not considered to cause harm to the appearance of the dwelling, street scene or neighbour amenity. As such the scheme complies with guidance in the NPPF, draft Local Plan policies GP1 and H7, the Council's SPD and the Rufforth VDS.

20d

The Falcon Tap, 94 Micklegate, York YO1 6JX (17/01468/FULM) pdf icon PDF 151 KB

External alterations relating to retained ground floor public house and renovation of upper floors to form two flats, and demolition of extensions and construction of two residential blocks to rear forming 9 flats [Micklegate Ward]. [Site Visit]

Additional documents:

Minutes:

Members considered a major full application by 2 Pubs Ltd for external alterations relating to retained ground floor public house and renovation of upper floors to form two flats, and demolition of extensions and construction of two residential blocks to rear forming 9 flats.

 

Consideration of the application for listed building consent 17/01469/LBC (minute 20e refers) took place alongside this application.

 

Officers advised that a representation had been received from Smith Marston Ltd on behalf of the owner of the apartments at 8 Toft Green with respects to loss of Light. The submission stated that the mass created by the proposed scheme poses a real risk of diminshed light to the units at 8 Toft Green. It was noted that these units currently received very little daylight and sunlight.  The consultant provided two sketches which demonstrated that the 25 degree guideline (as forwarded in the BRE guide) would fail meaning that there was potential for the daylight and sunlight in the properties at 8 Toft Green to be adversely affected and also, for the proposed units to be poorly lit. It was forwarded that without the applicant commissioning detailed daylight and sunlight assessments in accordance with the requirements in the validation checklist, it was not possible for officers to fully assess amenity and be able to make an informed decision.  It was requested that no decision be made until officers had been able to view and consider fully the implications of the scheme with regards Daylight and Sunlight and failure to do so, would be grounds for the owner of 8 Toft Green to consider Judicial Review.

 

In response to this, officers advised that in validating the application, Officers made a planning judgement that a Daylight and Sunlight assessment was not required in this case.  This judgement was based on the site circumstances with this site having an urban rather than suburban context, the use of 8 Toft Green being restricted to short term lets only and the consideration that 8 Toft Green does not incorporate any windows in its north-eastern elevation (further detail is provided at paragraph 4.35 of the report.

 

Officers advised that condition 2 (Plans) be amended to include updated plan references and that condition 10 (Sound Insulation internal transmission) also be amended.

 

Officers also advised that two further conditions be added, one to prevent the demolition of the existing extension to the rear of the building which houses the WCs until a phasing plan providing details of the timings for the construction of the replacement rear extension has been submitted and approved, and another condition to cover the provision of cycle and refuse storage.

 

Richard Paskauskas, owner of the next door property which had been converted to 8 serviced apartments, addressed the committee in objection to the application. He expressed concerns that the proposed new blocks would restrict light to his building but also result in limited light to proposed flats.

 

A copy of a letter from Smith Marston Ltd Right to Light, appointed  ...  view the full minutes text for item 20d

20e

The Falcon Tap, 94 Micklegate, York YO1 6JX (17/01469/LBC) pdf icon PDF 39 KB

External alterations relating to retained ground floor public house and renovation of upper floors to form two flats, and demolition of extensions and construction of two residential blocks to rear forming 9 flats [Micklegate Ward]. [Site Visit]

Additional documents:

Minutes:

Members considered an application for listed building consent for internal works relating to retained ground floor public house and alterations to upper floors to form 2 flats. Demolition of two storey rear extension and erection of replacement extension to accommodate external stair and entrance canopy.

 

Consideration of this application took place alongside the major full application (17/01468/FULM) (minute 20d refers).

 

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

 

Reason:     There would be a degree of harm to the special interest of the building deriving from the removal of the existing rear extension and from the formation of two new openings and the creation of a fire lobby at second floor and the subdivision of a rear room at third floor to form a bathroom. The degree of harm however is low and "less than substantial". Having attached considerable importance and weight to the desirability of avoiding such harm it is considered that the degree of harm is balanced by the public benefit of encouraging the use of the upper floors and allowing the viable retention of the ground floor public house. The proposal is therefore considered to accord with the provisions of policy HE4 and guidance contained within the National Planning Policy Framework.

20f

Colin Hicks Motors, Garage and Yard Rear of 33 Bootham, York YO30 7NP (17/01546/FULM) pdf icon PDF 110 KB

Erection of 14 flats (use class C3) following demolition of car repair garage [Guildhall Ward].  [Site Visit]

Additional documents:

Minutes:

Members considered a major full application by Mr Kevin Mohan for the erection of 14 flats (use class C3) following demolition of a car repair garage.

Officers advised that  Condition 10 of the committee report required the applicant to secure the implementation of a programme of archaeological work (a watching brief) in accordance with a specification to be approved by the local planning authority.  They advised that since drafting the report the applicant had submitted such a report, which had been accepted by the council’s archaeologist and therefore condition 10 should therefore be amended accordingly.

Officers advised that an additional condition in relation to cycle storage be added to any approval (as detailed below)

In relation to the contamination condition (para 4.21 of report), officers reported that since the committee report had been drafted, further ground contamination information had been submitted by the applicant but the contamination was such that a remediation strategy was required.  The proposed planning condition required submission of a remediation strategy and a subsequent verification report should therefore remain in place.

Mr Boleslaw Posmyk, a local resident, addressed the committee in objection to the application raising concerns in relation to the density of the proposed development, planting and parking. He expressed concern that the intention was still for the bay windows to face the flats on Bootham place and asked that these be conditioned to avoid overlooking into the bedrooms of the flats on Bootham Place.

 The Architect advised that it was possible to recess the windows further into the bay. Officers advised that a new condition requiring details of item 3 on the drawing would be required, or specifying setting the windows back into recess. It was agreed that this could be delegated to officers.

 

Members agreed that the proposals would provide important additional housing to this part of the city and questioned whether it was possible to condition use of the flats. Officers advised that they had no powers to restrict the occupancy of residential flats within the use class but advised that there was nothing in the application to suggest that they were not intended for normal residential housing.

 

Resolved:  That on completion of a S106 agreement to secure a financial contribution of £3,195 towards off-site sports provision in the city, DELEGATED authority be given to the Assistant Director (Planning and Public Protection) to APPROVE the application subject to the conditions listed in the report and the amended and additional conditions below and an additional condition in relation to the design of the bay windows.

Amended Condition 10 (Archeology)

The development shall be carried out in accordance with the written scheme of investigation by York Archaeological Trust received by the local planning authority on 31 October 2017.

Reason:  The site lies within an Area of Archaeological Importance and the development will affect important archaeological deposits which must be recorded during the construction programme.

Additional Condition 14 - Cycle Storage

The residential building shall not be occupied until the proposed  ...  view the full minutes text for item 20f

 

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