Agenda and minutes
Venue: Remote Meeting
There were no site visits due to COVID-19 restrictions.
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.
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 Fisher declared a personal, non-prejudicial, non-pecuniary interest in Agenda item 4a) 105-111 Micklegate 19/02750/FULM in that a close friend lived adjacent to the site.
To approve and sign the minutes of the last meeting of the Area Planning Sub-Committee, held on 20 August 2020.
Resolved: That the minutes of the Area Planning Sub-Committee meeting held on 20 August 2020be approved and then signed by the Chair at a later date.
At this point in the meeting members of the public who have registered to speak can do so. Members of the public may speak on agenda items or on matters within the remit of the committee.
Please note that our registration deadlines have changed to 2 working days before the meeting, in order to facilitate the management of public participation at remote meetings. The deadline for registering at this meeting is 5:00pm on Tuesday, 15 September 2020.
To register to speak please contact Democratic Services, on the details at the foot of the agenda. You will then be advised on the procedures for dialling into the remote meeting.
Webcasting of Remote Public Meetings
Please note that, subject to available resources, this remote public meeting will be webcast including any registered public speakers who have given their permission. The remote public meeting can be viewed live and on demand at www.york.gov.uk/webcasts.
During coronavirus, we've made some changes to how we're running council meetings. See our coronavirus updates (www.york.gov.uk/COVIDDemocracy ) for more information on meetings and decisions.
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:
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.
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.
This application seeks permission for the erection of a new 62 bed hotel (use class C1) with bar/restaurants on the ground floor (use classes A3 and A4) after demolition of existing buildings. [Micklegate]
Members considered a full application from Micklegate Developments Ltd. for the erection of a new 62 bed hotel (use class C1) with bar/restaurants on the ground floor (use classes A3 and A4) after demolition of existing buildings. There had been various applications at the site relating to alterations to the existing buildings. Application 19/00485/FULM, which had also included the neighbouring site 127 Micklegate, had been withdrawn in 2019 following comments from the City of York Council officers.
Officers gave a presentation based upon the slides at pages 57 - 80 of the Agenda and reported:
· An additional representation had been received from a local resident in objection to the proposal on the grounds that the building had a dominating effect on the surrounding area; breaching the line between pastiche and architectural integrity.
· Amendments to the following conditions listed in the officer report: 4,6,8,9, 10, 12, 13, 14, 15, 16, 18, 24, 25, 26, as set out in the resolution below.
· An additional drainage condition (no. 30).
Ms Pamela Chapman, a neighbouring resident, spoke in objection on the grounds that the scale and mass of the proposal was inappropriate for this part of Micklegate. In addition, she expressed concern that one of the two existing buildings that would be demolished may date from the Georgian period. The first-floor level in Minster Car Hire had retained the original building and contributed significantly to the historic development of this part of Micklegate.
Mr Neil Brown from Vincent and Brown Architects, acting as Agent for the applicant, spoke in support of the application. Mr Chris Miele, from Montagu Evans Heritage and Design responded on questions relating specifically to heritage and design.
In response to questions from Members, officers confirmed that:
· A grade 2* building is in between a grade 2 and grade 1 building, with grade 1 being the highest.
· The hotel would provide 20 full time equivalent jobs.
The Council’s Design and Sustainability Manager provided guidance to Members on the prominent location of the proposal and the surrounding heritage assets.
After debate, Cllr Galvin moved, and Cllr Fisher seconded, that the application be approved, in accordance with the officer recommendation, along with the amended and additional conditions reported in the officer update and an amendment to condition 20 set out below: Cllrs: Cullwick, Fisher, Galvin, Orrell, Waudby and Hollyer all voted in favour of this motion. Cllrs: Craghill, Crawshaw, Lomas, Melly and Webb voted against this motion. It was therefore:
Resolved: That the application be APPROVED, subject to the conditions listed in the report and the following amended / additional conditions:
Amended Condition 4
A foundation design and statement of working methods, which preserve at least 95% of the archaeological deposits, is required for this site.
This application seeks permission for the erection of 2 dwellings with detached garages on land to the rear of the Lord Nelson pub. [Rural West York]
Members considered a full application from Mr Thomas for the erection of 2 dwellings with detached garages on land to the rear of the Lord Nelson pub.
Officers gave a presentation based upon the slides at pages 111 -127 of the Agenda and reported that:
· An additional representation from a local resident had been received. Requesting that the application be deferred in order for Members to undertake a site visit. This was considered necessary as the ground level of the application site was significantly above the ground level of Main Street, 1 and 3 Hallgarth Close and 15 Main Street and would result in the two new houses appearing to stand high and conspicuously in the Conservation Area.
· Further conditions would be added to ensure that the applicant was compliant with CC1 and CC2 of the draft Local Plan; and to ensure the removal of permitted rights to fences.
Mr Norman, a neighbouring resident to the site, spoke in objection to the proposal, on the grounds that the officer report had underestimated the flood risk and that there was the potential for damage caused by water egress, either on the surface or below ground from the development site into Hallgarth Close and/or 15 Main Street. He also expressed concern regarding access to the public footpath across the entrance to the site, already a precarious crossing.
Cllr Jones, Chair of the Nether Poppleton Parish Council (NPPC) and his colleague Cllr Harper, also a member of the NPPC, spoke in objection to the application on the grounds that the scheme proposed would destroy an ancient burrage strip that had been identified as an area of archaeological interest by the City Archaeologist, in order to create a new gated community in a conservation area therefore contravening the NPPF paragraph 194, regarding ‘harm to, or loss of…a designated heritage asset.’ They also expressed concern that there was no scale on the drawings, therefore the exact dimensions of the final houses were only estimated. They considered the proposal to be inappropriate development in the conservation area.
In response to questions from Members, Cllrs Jones and Harper confirmed that the plot had been removed from the Local Plan due to its use for a range of community activities such as picnics, fireworks etc. Had it remained on the Local Plan, the community were fund raising, and had raised over £1M with the intention of purchasing it as a community space or to develop bungalows to support the needs of the elderly population in the area.
Mr Martin Walker of Walker Dsp Architects, and Agent for the applicant, explained that the plans had been amended and improved to address the constraints and opportunities, of the site, bringing active use to a disused site and providing much needed new housing. He considered that the Lord Nelson public house was unaffected by the development, retaining sufficient off street car parking and separated vehicular access and adequate space for delivery vehicle turning.
After debate, Cllr Fisher moved, and ... view the full minutes text for item 20b
This application seeks permission for a change of use of the first floor from former builders’ yard offices to a taxi business. [Osbaldwick and Derwent]
Members considered a full application from Mr Mohammed Iqbal for a change of use of the first floor from former builders’ yard offices to a taxi business.
Officers gave a presentation based upon the slides at pages 139 to 145 of the Agenda and reported:
· An additional representation had been received from Councillor Warters, Ward Member for Osbaldwick and Derwent, in objection on the grounds that taxis were being parked on roads and verges outside the site. In addition, concerns that the facility had no sewer connection for toilet or washing facilities and should therefore not be in operation.
· An amendment to the wording at Condition 4.
Mr Billy Iqbal, spoke on behalf of the applicant stating that the building location had adequate parking and that they would rent a lockup close by to mitigate congestion issues, should that become a concern. A new drainage system plan has been submitted to the City of York Council and work would commence upon approval.
After debate, Cllr Webb moved, and Cllr Lomas seconded, that the application be approved, in accordance with the officer recommendation. Members voted unanimously in favour of this motion and it was therefore:
Resolved: That the application be APPROVED, subject to the conditions listed in the report and the following amended condition:
Amended Condition 4.
Group training shall only take place at the site on a maximum of two days per month and shall be attended by a maximum of 10 people at any one time.
Reason: Any proposal to increase the intensity
of training activities would need to be considered in the light of local highway and parking conditions.
Reason for Approval
The taxi office is proposed in an area of existing office space no longer needed in relation to the current B2 (General Industrial) use of the building.
The main planning concerns relating to taxi offices normally relate to vehicle movements and noise from staff and customers congregating, particularly late in the evening. The taxi office would be a control room and customers would not visit. The location on an industrial state would limit this in any case. Taxi drivers would also not be based at the office and its location away from the city centre would make it unlikely that taxi drivers would wish to congregate there between jobs.
The applicant has stated that they wish to undertake training for drivers related to taxi work at the site. This would take place around twice a month for up to 10 people working for the taxi business. It is considered that the relatively infrequent and small scale nature of such training would limit any local parking impacts.
It is considered that subject to the suggested conditions controlling and restricting the nature of the use and improving cycle parking provision, the proposal is acceptable.