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Agenda and minutes

Venue: Remote Meeting

Contact: Michelle Bennett 

Items
No. Item

59.

Committee Membership

Minutes:

It was noted that Cllr Perrett would replaces Cllr Lomas as a Member of this Committee as agreed at the Staffing Matters and Urgency Committee held on Monday 15 June 2020.

 

Resolved: Members confirmed Cllr Perrett’s appointment as a

Member to this Committee.

 

60.

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 Crawshaw declared a prejudicial interest in Agenda Item 4a) Southbank Stores 75 Balmoral Terrace [19/02133FUL], having given his view to the applicant and objector on previous occasion.  He left the meeting during consideration of that item and took no part in the debate or decision thereon.

 

Cllr Fisher declared a non-prejudicial interest in Agenda item 4e) Hanson Quarry Products Europe Ltd Concrete Batch Plant Pigeon Cote Farm Monks Cross Drive Huntington [19/02630/REMM] as he was a member of the Foss Internal Drainage Board.  Cllr Fisher confirmed that although he was a member, he had taken no part in

their decision making process.

 

There were no further declarations of interest.

61.

Minutes pdf icon PDF 168 KB

To approve and sign the minutes of the last meeting of the Area Planning Sub-Committee held on 5 March 2020.

 

Minutes:

Resolved:  That the Minutes of the Area Planning Sub-Committee meeting held on 5 March 2020be approved and then signed by the Chair at a later date.

62.

Plans List

To determine the following planning applications:

 

Note: Annexed to each report is a series of presentation slides showing photographs of the site and its environs and plans of the proposed works.

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.

 

 

62a

Southbank Stores 75 Balmoral Terrace York YO23 1HR [19/02133/FUL] pdf icon PDF 206 KB

Two storey rear extension, single storey rear extension, dormer to rear, 1no. rooflight to rear and 2no. rooflights to front following demolition of single storey rear extension [Micklegate]

Additional documents:

Minutes:

Members confirmed that in the event that the Chair was unable to

Chair this item (such as technical problem), Cllr Webb would

act as Vice-Chair in the Chair.  It had been necessary to confirm

this position as the Vice-Chair, Cllr Crawshaw, would be leaving

the meeting having declared a prejudicial interest in this

application.

 

Cllr Crawshaw left the meeting having declared a prejudicial

interest in this item.

 

Members considered a full application from Ms Sara Winlow for the construction of a two storey rear extension, single storey rear extension, dormer to the rear of the property, a roof light to the rear of the property and two roof lights to the front of the property, following the  demolition of the single storey rear extension.  The decision for this application had been deferred by this Committee at its meeting on 6 February 2020, to allow the applicant time to produce an acceptable scheme suitable for both parties.

 

Officers gave a presentation based upon the slides at pages 29-35 of the Agenda and provided an update which had been circulated via email prior to the meeting, reporting:

·        An additional representation received from Cllr Carr, who had acted as substitute for Cllr Galvin during discussion of the application at the February Committee, where he had spoken in support of the application, expressing the view that the proposal was a sustainable development offering many benefits for the community which outweighed any harm caused by the proposal.  He considered that these views remained valid.

·        The previous representations published in 6 February 2020 officer’s report:

o   those in objection raising concerns regarding loss of light, outlook and privacy and the front yard feeling more enclosed;

o   those in support stating the benefits to the community of a nearby local coffee shop especially when compared to the impact of residents driving elsewhere for this service.

·        A representation from a neighbouring resident in response to the revised proposals, stating that their previous objections still stand, such as dominance and loss of light, outlook and privacy.

 

Ms Elena Myers, a neighbouring resident, spoke in objection to the application, stating that the proposed scheme remained largely unchanged in that the two storey extension had remained the same and the dormer had widened, increasing its footprint.  Therefore, her objection remained based on loss of amenity, privacy and light.  She considered the proposed scheme to be an overdevelopment of an already developed site.

 

The Democratic Officer, read out a statement on behalf of the applicant Ms Sara Winlow, stating that the application had received significant support and had met with no objections at Micklegate Planning Committee.  The applicant had amended their plans to address their neighbour’s concerns and considered that there were no further adjustments that could be made which would also allow for a habitable space for herself and her son and urged Members to accept this scheme due to the special circumstances the proposal had met in terms of providing a community facility.

 

Janet O'Neill, the  ...  view the full minutes text for item 62a

62b

8 Beech Way Upper Poppleton York YO26 6JD [20/00080/FUL] pdf icon PDF 321 KB

First floor side extension [Rural West York]

Additional documents:

Minutes:

Members considered a full application from Mr Simon Theaker for the construction of a first floor side extension.

 

Officers gave a presentation based upon the slides at pages 49-54 of the Agenda.

 

The applicant, Ms Rebecca McGuckin, stated that their proposal for an extension was intended to provide their family with a much-needed additional bedroom and bathroom.  They had considered an objection from a neighbour and had revised their proposal accordingly, significantly reducing the size, scale & mass of their proposal.  They considered that there was no detrimental impact to the design and visual amenity of their dwelling and surrounding area or neighbouring amenity. 

 

Mr Richard Powley, a neighbouring resident, spoke in objection, on the grounds that the proposals would become overbearing and result in terracing.  The large first floor window to the rear elevation would reduce privacy in their rear garden.  The shape and style of the windows on the first floor level was out of keeping with that of the surrounding area.

 

In response to questions from Members, officers confirmed that:

·        The extension will have moved property at no.8 closer to the property at no. 10 by 300mm.

·        The distance to the boundary at the far end of the extension was 600mm.

After debate, Cllr Crawshaw moved, and Cllr Galvin seconded, that the application be approved, in accordance with the officer recommendation.  Members voted unanimously in favour of this motion, and the motion was declared CARRIED.  It was therefore:

 

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

 

Reason:               To achieve a visually acceptable form of development, the revised proposals are considered acceptable and would comply with the NPPF, Policy D11 (Extensions and Alterations to Existing Buildings) of the Publication Draft City of York Local Plan 2018, Policies GP1 (Design) and H7 (Residential Extensions) of the Development Control Local Plan and City of York Council's Supplementary Planning Document (House Extensions and Alterations).

62c

173A Osbaldwick Lane York YO10 3BA [19/02065/FUL] pdf icon PDF 328 KB

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

 

Additional documents:

Minutes:

Members considered a full application from for the change of use of No.173A Osbaldwick Lane with 2 upper floors, to a small House in Multiple Occupation (HMO), (Use Class C4).  The application had previously been reported to the March 2020 Area Planning Sub-committee meeting and deferred in order to explore the potential to add a condition requiring the tenancy agreements for the HMO to restrict the ownership of private cars.

 

Officers gave a presentation based upon the slides at pages 67-72 of the Agenda and provided an update which had been circulated via email prior to the meeting, reporting:

·        an additional representation from Councillor Warters, reiterating the points he had made during discussion of this item at the March committee, that there was no parking provision for the HMO use of this dwelling.  The parking provision to the front of No 173/173a was solely for the two commercial uses of the property and that to approve HMO use without parking provision would be in direct contravention of the City of York Council’s policy.  He had suggested that if this application were to be approved then it should be conditioned to include the requirement for ‘no car tenancy agreements to be issued to tenants’.  If this was not possible, he advised the committee to refuse the application as to approve it would likely lead to displaced car parking providing a traffic hazard on the public highway and a hindrance to the functioning of neighbouring businesses.

 

In response to questions from Members, the council’s Solicitor clarified that under classification use class C4, occupants would share basic kitchen and bathroom amenities only, and that there were no requirements that they should share any other living space.

 

Following debate, Cllr Galvin moved to refuse the application, this was not seconded.

 

Cllr Webb then moved, and Cllr Orrell seconded, that authority be delegated to the Assistant Director for Planning and Public Protection, in consultation with the Chair and Vice-Chair, to approve the application subject to a condition requiring that two

parking spaces on the forecourt be reserved for the residential

use, and that if this is not achievable, that the application be

referred back to this sub-committee.  Also, an amendment to

condition 4, to require storage provision for a minimum of 6 cycles.

Cllrs: Craghill, Fisher, Orrell, Webb and Hollyer voted in favour of

this motion.  Cllrs: Cullwick, Galvin, Melly and Waudby voted

against this motion and Cllr Crawshaw abstained from voting, and

the motion was declared CARRIED.  It was therefore:

 

Resolved:            That AUTHORITY BE DELEGATED to the Assistant Director for Planning and Public Protection, in consultation with the Chair and Vice-Chair, to approve the application, subject to the conditions listed in the officers report and the following condition and amended condition.

 

Additional Condition 5

Two car parking spaces on the forecourt be reserved for the residential use, and that if this is not achievable, that the application be referred back to this sub-committee.

 

Amended Condition 4

Prior to occupation of the property as  ...  view the full minutes text for item 62c

62d

16A Farndale Avenue York YO10 3PE [20/00374/FUL] pdf icon PDF 297 KB

Change of use from clinic (use class D1) to retail (use class A1) (retrospective) [Osbaldwick and Derwent]

 

Additional documents:

Minutes:

Members considered a full application from Turnbull for the change of use from clinic (use class D1) to a retail kitchen showroom (use class A1) (retrospective). 

 

Officers gave a presentation based upon the slides at pages 81-84 of the Agenda and provided an update which had been circulated via email prior to the meeting, reporting an additional representation from Cllr Warters, stating that condition 2 would require the car parking area to the rear of the parade of shops to be made available during opening hours.  He considered that this was a major step forward from having it locked with a barrier (as seen on the submitted photos) and more car parking on the public highway.

 

Cllr Crawshaw moved, and Cllr Waudby seconded, that the application be approved, in accordance with the officer recommendation.  Members voted unanimously in favour of this motion, and the motion was declared CARRIED.  It was therefore:

 

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

 

Reason:               To ensure that delivery/ service/ customer vehicles can be accommodated within the site and to maintain the free and safe passage of highway users.

 

 

62e

Hanson Quarry Products Europe Ltd Concrete Batch Plant Pigeon Cote Farm Monks Cross Drive Huntington [19/02630/REMM] pdf icon PDF 305 KB

Reserved matters application for appearance, landscaping, layout and scale of the B1, B2 and B8 industrial units pursuant to outline planning permission 18/00411/FULM, [Huntington/New Earswick]

 

Additional documents:

Minutes:

Members considered a Major Reserved Matters Application by Mr James Dodwell for the appearance, landscaping, layout and scale of 11 industrial and storage units (use class B1, B2 and B8) to the north of Monks Cross Drive, pursuant to outline planning permission.

 

In response to questions from Members, officers confirmed that:

·        The outline planning permission had been granted in 2018 and that it was likely that this had been granted prior to stipulations for compliance to Local Plan Policy CC1 and CC2 in 2018.

·        It was a commercial area.

 

After debate, Cllr Orrell moved, and Cllr Cullwick seconded, that the application be approved, in accordance with the officer recommendation, with the addition of an informative drawing the applicant’s attention to compliance with the Local Plan Policy CC1 and CC2.  Members voted unanimously in favour of this motion, and the motion was declared CARRIED.  It was therefore:

 

Resolved:            That the application be APPROVED, subject to the conditions listed in the report and the following additional informative:

 

Additional Informative 2

The developer is encouraged to consider compliance with the Local Plan Policy CC1 and CC2.

 

Reason:              (i)      The principle of the B1, B2, and B8 units

were approved under the outline part of planning permission 18/00411/FULM. The reserved matters application is considered to be in accordance with the outline planning permission. Wider development impacts are controlled via conditions imposed on the outline consent, including land contamination, acoustic issues, construction environmental management plan, drainage and landscaping.

(ii)      It is considered that the proposed scheme would not have adverse impact that would outweigh the economic benefits when assessed against the policies in the NPPF taken as a whole, taking into account the details of the scheme and any material planning considerations. The proposal is considered to be sustainable development for which the NPPF carries a presumption in favour. As such, the proposal is considered to accord with national guidance in the NPPF and the Draft and emerging Local Plan policies.

 

 

 

 

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