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Agenda and minutes

Venue: The George Hudson Board Room - 1st Floor West Offices (F045). View directions

Contact: Chris Elliott  Email: christopher.elliott@york.gov.uk

Webcast: video recording

Items
No. Item

Site Visit Attendance

Site

Visited by

Reason

Millthorpe School, Nunthorpe Avenue

Cllrs Galvin, Flinders, Cannon, Craghill, Dew, Fenton, Gillies, Mercer

The application is recommended for approval and objections had been received.

The Groundsmans House, Land to Rear Mount Vale Drive

Cllrs Galvin, Flinders, Cannon, Craghill, Dew, Fenton, Gillies, Mercer

The application is recommended for approval and objections had been received.

Former Lowfield School, Dijon Avenue

Cllrs Galvin, Flinders, Cannon, Craghill, Dew, Fenton, Gillies, Mercer

The application is recommended for approval and objections had been received.

108 Tudor Road, York

Cllrs Galvin, Flinders, Cannon, Craghill, Dew, Fenton, Gillies, Mercer

The application is recommended for approval and objections had been received.

Proposed Residential Development Site, Garth Close, Earswick

Cllrs Galvin, Flinders, Cannon, Craghill, Fenton, Mercer

The application is recommended for approval and objections had been received.

London Ebor Developments Plc, Millfield Business Centre (4f and g)

Cllrs Galvin, Flinders, Cannon, Craghill, Fenton, Mercer

The application is recommended for approval and objections had been received.

Lincoln Court, Ascot Way

Cllrs Galvin, Flinders, Cannon, Craghill, Dew, Fenton, Gillies, Mercer

The application is recommended for approval and objections had been received.

 

66.

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.

 

Cllr Hunter declared in interest in agenda item 4c, due to her house backing on to the perimeter of the development and stated her intention to leave the meeting for the duration of the item.

 

Cllr Dew declared an interest in agenda item 4e, as he knew the applicant. Cllr Dew stated that he would leave the meeting for the duration of the item.

 

67.

Minutes pdf icon PDF 105 KB

To approve and sign the minutes of the last two meetings of the Area Planning Sub-Committee held on 10 January 2019 and 7 February 2019.

 

Additional documents:

Minutes:

Resolved:  That the minutes of the Area Planning Sub-Committee meetings held on 10 January 2019 and 7 February 2019 be approved and signed by the Chair as a correct record.

 

68.

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 requested to contact the Democracy Officers on the contact details listed at the foot of this agenda. The deadline for registering is at 5.00pm on Tuesday 19 March 2019.

 

Filming, Recording or Webcasting Meetings

Please note that, subject to available resources, this meeting will be filmed and webcast, or recorded, including 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.

69.

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.

 

 

69a

Millthorpe School, Nunthorpe Avenue, York YO23 1PF [18/01162/FUL] pdf icon PDF 214 KB

Construction of a 3G sports pitch with associated lighting, fencing and parking. (Micklegate) [site visit]

Additional documents:

Minutes:

Members considered a full application from Mr Alex Collins for the construction of a 3G sports pitch with associated lighting, fencing and parking.

 

Officers updated the committee on further objections and a statement of support from a resident, including that the hours of use be restricted to 8pm at all times. Officers also proposed amendments to conditions 5, 6 and 8.

 

Condition 5 on the breaks between bookings has been amended for clarity purposes. The last two sentences of the Reason for the condition now read:

 

...Such overspill onto surrounding residential streets would be detrimental to the surrounding residential community who are already largely restricted to parking their own vehicles on street. There are concerns that without the break, insufficient parking on site would encourage drop-off on no waiting restrictions close to the school with associated safety and highway implications.

 

Condition 6 has been amended so that the measures to prohibit on-street car parking is now only triggered before the first use of the pitch by community users rather than for any users:

 

The development hereby permitted is not to be used for community use until the following highway works...

 

Condition 8 relating to the Car Park Management Plan (CPMP) has been amended for clarity. The first sentence of the second paragraph clarifies that the restriction applies only to use outside of the school day:

 

Outside of normal school hours the new car park immediately adjacent to the artificial pitch shall only be used by users of the artificial pitch and not any other community users of the school site and this will be detailed in the CPMP.

 

In response to Member questions, officers stated that they had amended Condition 8 in order to allow school staff to use the associated car park during the school day due to congestion within the site.

 

Mr Peter Combie, a resident, spoke in objection to the application. Mr Combie was concerned that this application could influence the outcome of a request for a residents only parking zone for the remainder of Albemarle Road. Mr Combie was disappointed that Knavesmire Road had not been considered as a potential ‘drop-off’ area, as this was further from residential properties and would have little impact on parking.

 

Ms Averil Rushton then addressed the committee and spoke in objection. Ms Rushton highlighted light, noise, traffic and parking concerns in relation to this proposal and was concerned at the severe impact that this would have on residential neighbours. Ms Rushton stated that she did not have an issue with the use of the pitch by the school however its use on evenings and weekends would come at a cost to the amenity of the local community.

 

Ms Jane Simms also spoke in objection to the application. Ms Simms highlighted that the number of objectors far outweighed the number of supporting statements and was concerned about the way the consultation had been handled. Ms Simms stated that there had been no joined up approach to parking and traffic  ...  view the full minutes text for item 69a

69b

The Groundsmans House (No 24) And Land To Rear Mount Vale Drive, York [18/01655/FULM] pdf icon PDF 293 KB

Erection of 12no. dwellings within the grounds of The Mount School with access and servicing off Mount Vale Drive following demolition of dwelling at 24 Mount Vale Drive. (Micklegate) [site visit]

Additional documents:

Minutes:

Members considered a Major Full Application from Mulgrave Developments Ltd and the Helmsley Group Ltd for the erection of 12 dwellings within the grounds of the Mount School with access and servicing off Mount Vale Drive following demolition of dwelling at 24 Mount Vale Drive.

 

Officers provided an update to the application highlighting two additional objections including one new issue relating to the provision of affordable housing and Section 106 agreement. Officers also highlighted amendments to condition 2 and 10, which are listed below.

 

Murray Rose, a local resident, spoke in objection to the application. Mr Rose highlighted that the application did not meet the necessary requirements for the loss of sports pitches and that it did not say in the committee papers why this site was suitable for housing. Mr Rose also noted that replacement sports must already be ready prior to the loss of existing pitches and the suggested replacement would result in ‘intensification of usage’, prohibited by Sport England.

 

Mr Corbett then addressed the committee in objection to the application. Mr Corbett stated that the proposed houses planned for the site were not in keeping with the style of the area and that the houses being suggested were not what the City needed, due to not being affordable or ‘starter’ homes. Mr Corbett highlighted a number of City of York Council policies that this application contradicted.

 

Ms Joy White also addressed the committee in objection. Ms White stated that there had been no statement of community involvement prior to original objections and that consultation on the development had been weak. Ms White also stated that a more robust traffic assessment was needed and that a new application should be requested following a number of amendments, to ensure that the committee judge the correct information.

 

Mr Leeming and Mr Higgins then addressed the committee on behalf of the applicants.  Mr Leeming stated that this proposal had been brought forward to release capital from school assets in order to fund improvements to school facilities including a new performing arts centre and extensions to existing sports facilities. Mr Leeming went on to state that no objections had been received from statutory consultees and the loss of a private playing field had been agreed by Sport England.

 

In response to Member questions, Mr Higgins stated that the school currently had surplus sports facilities due the school having decreased in size.

 

Cllr Johnny Hayes then addressed the committee in objection. Cllr Hayes highlighted that all three ward councillors would object to this development due to the loss of playing field space that is needed in Micklegate. Cllr Hayes agreed with the comments of local residents on traffic, surface water drainage, flooding and questioned whether alternative uses of this site had been considered.

 

Members asked for clarification from the Council’s Flood Risk Engineer who informed the committee of assurances from Yorkshire Water regarding the surface and foul water drainage and capacity.

 

During debate, Members sympathised with the concerns and objections from residents and  ...  view the full minutes text for item 69b

69c

Former Lowfield School, Dijon Avenue, York [18/02925/FULM] pdf icon PDF 153 KB

Erection of 5no. apartments, 5no. two bedroom housing units, 6no. three bedroom housing units, 3no. four bedroom housing units and a shared common house/amenity block and associated infrastructure to form community housing development. (Westfield) [site visit]

Additional documents:

Minutes:

Members considered a Major Full Application from Mr Newton for the erection of 5 apartments, 5 two bedroom housing units, 6 three bedroom housing units, 3 four bedroom housing units and a shared common house / amenity block and associated infrastructure to form community housing development.

 

Officers updated the committee on revisions to conditions 1, 2, 3, 4 and 5 and the removal of condition 14 in line with recommendations from Public Protection. The amended conditions are listed below.

 

Mr Newton, the applicant, spoke in support of the application on behalf of YorSpace. Mr Newton explained that this development would hopefully be the first of many forever affordable community housing developments in York. Mr Newton highlighted some of the key aspects of the plans including reducing the community carbon footprint with reduced car parking and car sharing scheme and important aspects of the concept of community led housing developments.

 

Under questions from members, Mr Newton confirmed that North Yorkshire Police were supportive of the scheme, that shared car ownership amongst members of the community would be an important commitment by the community and that other examples of similar developments include LILAC (Low Impact Living Affordable Community) in Leeds.

 

Cllr Waller, the ward councillor, then addressed the committee. Cllr Waller sought clarification on whether the metal perimeter fencing would be retained and also noted that the wider site still needed adequate drainage plans to be submitted. In addition Cllr Waller raised an issue relating to plant machinery accessing the site via Dijon Avenue.

 

In response to Member questions, the Flood Risk Engineer confirmed that after receiving further information and after having amended the conditions, there are no outstanding issues with drainage planning on this site.

 

One Member suggested that condition 5 could include the following wording: ‘particularly in relation to the side adjacent to green lane.’

 

Members commended the sustainability and standards shown by this application and also the promotion of a strong community alongside the properties being forever affordable. Members believed that this application was a good model that more developments should aspire to.

 

It was moved and seconded that approval be granted and it was therefore:

 

Resolved:  That approval be granted subject to the conditions listed in the report and the amended conditions listed below.

 

Reason:     The development lies within the south eastern section of the former Lowfield school site. It would provide an innovative form of housing and would contribute to the supply of housing land in accordance with Local Plan and NPPF policy. The design of the scheme as amended would not give rise to any material harm to the visual amenity of the wider street scene or the residential amenity of neighbouring properties. The proposal would not give rise to any issues of anti-social behaviour and any highway impacts have been previously modelled in the context of the outline planning permission ref:- 17/02429/OUTM for the wider Lowfield Scheme.

 

Amended Conditions:

 

1.      The site shall be developed with separate systems of drainage for foul and  ...  view the full minutes text for item 69c

69d

108 Tudor Road, York, YO24 3AZ [19/00128/GRG3] pdf icon PDF 36 KB

Construction of 2 parking spaces to rear served by new vehicular access from Tudor Road. (Westfield) [site visit]

Additional documents:

Minutes:

Members considered a Full Application from City of York Council for the construction of 2 parking spaces to rear of 108 Tudor Road served by new vehicular access from Tudor Road.

 

Officers provided an update to the committee including an additional representation and an additional condition which is listed below.

 

Michael Jones, from City of York Council, addressed the committee highlighting that these new parking bays will help to alleviate on street parking pressures. An additional 3 new parking bays will also be constructed to counteract those lost by the development of the new access road, providing a net increase of 2 parking bays for the residents of Tudor Road. The officer highlighted the intention to deliver all of these parking bays by this spring.

 

In response to Member questions, the officer confirmed that the intention is to provide the 3 new bays prior to the new access road and that the new access road will be the route for all plant machinery.

 

Cllr Waller addressed the committee as the Ward Councillor highlighting the concerns of some residents including the plant machinery routes, the proximity of new parking bays to houses and the need for a pedestrian crossing island on Tudor Road.

 

It was moved and seconded that the application be approved and it was therefore:

 

Resolved:  That the application be approved subject to the conditions listed in the report and the additional condition listed below.

 

Reason:     It is considered that the proposed development would not lead to any material harm to the residential amenity of neighbouring properties or the safety and convenience of highway users on the adjoining network. The proposal is therefore acceptable in planning terms.

 

Additional Condition:

 

The car parking spaces hereby approved shall be constructed

Concurrently with the construction of the access road approved

under planning permission 17/02429/OUTM and made available

for use when the associated access road has been constructed to

base course level.

 

Reason:     To secure the safety and convenience of highway users.

69e

Proposed Residential Development Site, Shilton, Garth Close, Earswick, York [18/01923/OUT] pdf icon PDF 88 KB

Outline application for the erection of 2no. Dwellings. (Strensall) [site visit]

Additional documents:

Minutes:

Members considered an outline application from Mr and Mrs Curzon for the erection of 2 dwellings.

 

Mr Bright addressed the committee on behalf of a number of residents, in objection to the application. Mr Bright stated that 24 residents in the local community have objected to the plans. Mr Bright observed that the properties had been described by officers as ‘cramped’. Mr Bright also stated that the plans should be considered as over development in terms of size and location and parking.

 

It was moved and seconded that an amendment be made to condition 7, relating to a porous surface to be used on the driveway and the amendment was carried.

 

It was noted by Members that they did not believe that the plans for the two properties were ‘cramped’ and that there were no adequate planning reasons to refuse this outline application.

 

It was therefore:

 

Resolved:  That the application be approved subject to the conditions listed in the report and the revision to condition 7 listed below.

 

Reason:     The revised proposal for outline planning permission for the erection of two detached dwellings with the layout also to be determined at this stage is considered to respect the existing character of the area by providing a decent set back from the public highway and retaining existing landscape features including the protected trees and boundary hedgerows. The proposed site plan shows a development that would protect neighbour amenity and would provide sufficient off street parking. Subject to the planning conditions the proposed development is considered to acceptable with regard to the relevant national, local and neighbourhood planning policies.

 

Revision to condition 7:

 

Prior to the development coming into use, the initial 5m of the vehicular access, measured from the back of the public highway, shall be surfaced, sealed and positively drained within the site. Elsewhere within the site all areas used by vehicles shall be constructed and surfaced with porous materials.

 

Reason:     To prevent the egress of water and loose material onto the public highway and to protect the trees subject of tree preservation orders.

 

69f

London Ebor Developments Plc, Millfield Business Centre, Millfield Lane, Nether Poppleton, York [16/02545/FULM] pdf icon PDF 66 KB

Change of use from warehouse (use class B8) to gym (use class D2) (Rural West York) [site visit]

Additional documents:

Minutes:

Members considered an application for a change of use of part of a building from Class B2,B8 to D2 (gym).

 

Mr Spencer, from London Ebor Developments, addressed the committee and highlighted that the building had been out of use for over 3 years. Mr Spencer stated that the applications relating to this site would bring employment back to the building, offer an amenity to the local residents and renew the life of an old building.

 

Members questioned officers on the way in which the property had been marketed and on the process by which this is evaluated. Members noted the location and limited access to the site and thought this to be a reason why the site had been unsuccessful in the past as a builder’s merchant or warehouse.

 

It was moved and seconded that the application be approved, and therefore it was:

 

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

 

Reason:     The NPPF states planning policies should avoid the long term protection of sites allocated for employment use where there is no reasonable prospect of a site being used for that purpose. Information has been submitted to demonstrate that there is little prospect of the site being used within the Business use class. On balance, it is considered that the change of use of the unit to the proposed use acceptable.

69g

London Ebor Developments Plc, Millfield Business Centre, Millfield Lane, Nether Poppleton, York [18/02080/FULM] pdf icon PDF 76 KB

Change of use from existing offices and warehouse to adventure play park (class D2). (Rural West York) [site visit]

Additional documents:

Minutes:

Members considered a full application from Mr Costelloe for the change of use from existing offices and warehouse to adventure play park (class D2).

 

Mr Jeff Ainsley, addressed the committee on behalf of the applicant. Mr Ainsley noted the objection from the Economic Growth Team in relation to the change of use but believed this to be on the principal of losing business class use, rather than the most appropriate use of the building. Mr Ainsley also highlighted that this project will employ people and bring a currently defunct site back to use.

 

It was moved and seconded that approval be granted and it was therefore:

 

Resolved:  That approval be granted subject to the conditions listed in the report.

 

Reason:     The NPPF states planning policies should avoid the long term protection of sites allocated for employment use where there is no reasonable prospect of a site being used for that purpose. Information has been submitted to demonstrate that there is little prospect of the site being used within the Business use class. On balance, it is considered that the change of use of the unit to the proposed use acceptable.

69h

Lincoln Court, Ascot Way, York [19/00083/FULM] pdf icon PDF 208 KB

Three storey extension to accommodate 15no. new flats with associated alterations to internal layout of existing flats (creating 10 new flats in total), single storey front extension to form new main entrance, erection of plant room to side, reconfiguration of parking provision and associated landscaping works including new boundary fencing. (Westfield)

Additional documents:

Minutes:

Members considered a major full application from City of York Council for a three storey extension to accommodate 15 new flats with associated alterations to internal layout of existing flats (creating 10 new flats in total), single storey front extension to form new main entrance, erection of plant room to side, reconfiguration of parking provision and associated landscaping works including new boundary fencing.

 

Officers informed the committee that there had been an additional representation from the Foxwood Residents Association and provided the following updates to the committee:

 

Update on report

 

Paragraph 1.2 should read as follows:

 

Planning permission is sought for the erection of a three storey extension along with associated internal alterations to the layout of existing flats to provide 15no. extra care apartments flats with communal facilities (10no. new flats in total) (to support independent living for older people), together with a single storey extension of the site frontage to provide a reorganised reception area, reconfiguration of the parking areas, and provision of a bin store.

 

Update from meeting of the Executive held on Monday 18th March 2019

 

Members resolved to approve investment in the redevelopment of Lincoln Court Independent Living Scheme.  This included a commitment to provide alternative recreational facilities to mitigate the loss of the MUGA.  These facilities will be subject to consultation with Sport England and the Westfield Ward community.  The alternative facilities will be further agreed by the City of York Executive and will be subject to budget approval.

 

Additional conditions

 

19     Prior to the commencement of development, an investigation and risk assessment (in addition to the assessment already submitted- Preliminary Land Contamination and Geotechnical Risk Assessment report (Ref: 23-24-18-1-1039/DSR1 Dated April 2018 already submitted) any assessment provided with the planning application) must be undertaken to assess the nature and extent of any land contamination. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings must include:

 

(i)      a survey of the extent, scale and nature of contamination (including ground gases where appropriate);

 

(ii)      an assessment of the potential risks to:

o       human health,

o       property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes,

o       adjoining land,

o       groundwaters and surface waters,

o       ecological systems,

o       archaeological sites and ancient monuments;

 

(iii)     an appraisal of remedial options, and proposal of the preferred option(s).

 

This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'.

 

Reason:     To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

 

20     Prior to the commencement of development, a  ...  view the full minutes text for item 69h

70.

Appeals Performance and Decision Summaries pdf icon PDF 184 KB

This report informs Members of the Council’s performance in relation to appeals determined by the Planning Inspectorate between 1 October and 31 December 2018, and provides a summary of the salient points from appeals determined in that period. A list of outstanding appeals at date of writing is also included.

Additional documents:

Minutes:

Members received a report informing the committee of the Council’s performance in relation to appeals determined by the Planning Inspectorate between 1 October and 31 December 2018.

 

Resolved:  That Members note the content of this report

 

Reason:     To inform Members of the current position in relation to planning appeals against the Council’s decisions as determined by the Planning Inspectorate.

 

71.

Planning Enforcement Cases - Update pdf icon PDF 108 KB

The purpose of this report is to provide Members with a continuing quarterly update on planning enforcement cases. 

Minutes:

Members received a report providing a quarterly update on planning enforcement cases.

 

It was noted that Members had concerns regarding the length of time that some enforcement cases have been open for and concern over whether cases have been closed despite being outstanding.

 

Resolved:  That members note the content of the report.

 

Reason:     To update Members on the number of outstanding planning enforcement cases and level of financial contributions received through Section 106 agreements.

 

 

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