Local democracy during coronavirus

During coronavirus, we've made some changes to how we're running council meetings. See our coronavirus updates for more information on meetings and decisions.

Agenda and minutes

Venue: Remote Meeting

Contact: Sarah White  Democracy Officer

Items
No. Item

46.

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 and Cllr Craghill declared a personal non-prejudicial interest in Agenda Item 3b) 52 Broadway Café, as the architect may be employed for work on their own properties. Cllr Crawshaw and Cllr Craghill confirmed no discussion had taken place with the architect in regards to Agenda Item 3b.

 

Cllr Crawshaw and Cllr Melly declared a personal non-prejudicial interest in Agenda Item 3a) The Jubilee, they had signed a petition against a previous planning application for this site. It was noted that this was a substantially different application, and that advisement had been sought from the Monitoring Officer.

 

Cllr Fisher declared a personal non-prejudicial interest in Agenda Item 3a) The Jubilee, as a member of CAMRA he had previously objected to the closure of pubs but not to conversions.

 

Cllr Hollyer declared a personal non-prejudicial interest in Agenda Item 3b) 52 Broadway Café, as a customer of the attached Hairdressing business that was owned by the applicant. Cllr Hollyer confirmed no discussion had taken place in regards to Agenda Item 3b.

47.

Public Participation

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 13 April 2021.

 

To register to speak please visit www.york.gov.uk/AttendCouncilMeetings to fill out an online registration form. If you have any questions about the registration form or the meeting, please contact the relevant Democracy Officer, on the details at the foot of the agenda.

 

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.

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.

48.

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.

 

 

48a

The Jubilee, Balfour Street, York, YO26 4YU [20/01498/FUL] pdf icon PDF 407 KB

Alterations and conversion of part of first floor and all of the roofspace of the public house building to 3no. self-contained apartments and retention of public house on ground floor and altered function room on first floor (resubmission). [Holgate Ward]

Additional documents:

Minutes:

Members considered an application (resubmission) for the conversion of The Jubilee into three self-contained apartments, public house and function room with beer garden and residents parking on site.

 

Officers gave a presentation based upon slides on agenda pages 37 – 47 detailing existing and prospective site plans, floor plans and elevations.

 

In response to Members questions it was confirmed that:

·        A kitchen for the public house would not be included but there would be space for a kitchen or an area for a pool table dependant on what the prospective owner would prefer.

·        There would be allocated bin and bicycle storage for the public house, separate to residential.

·        The building being a non-designated Heritage Asset does not prevent internal works but should be a material consideration when assessing a new proposal.

·        In order for the applicant to resubmit at a later date, to convert the public house space to apartments, they would need to provide evidence of marketing at reasonable terms and conditions. It was however, outside the scope of the Planning Authority to put in place a condition that would prevent such a resubmission.

·        The sound-proofing condition needed to be extended to include the function room.

·        Residents of the self-contained apartments would have the right to complain if sound issues arose, however public protection were satisfied with the sound-proofing report.

·        Without on-site landlord accommodation, the public house would be run as a ‘lock-up pub’ and the license would have to reflect this.

 

[The meeting adjourned from 17:14 to 17:30]

 

Public Speakers

 

Sophie Howard spoke in objection to the application stating that The Jubilee was the only asset to the community in the neighbourhood. She expressed her concerns, explaining that reducing the size of the public house, the limit on live music due to addition of residential space, no landlord accommodation and no parking for staff would limit the viability of the public house as a functioning business. She added that there was community concern over the lack of an on-site landlord and in response to Member’s questions she offered alternate uses for the space. She felt that the renovation and running costs could be covered by community hub funding and a share scheme.

 

Nick Love, a CAMRA officer, spoke in objection to the application. Mr Love confirmed he had visited The Jubilee in its last month of trading in 2016 and he believed it would be a viable business outside of a public house franchise company, which charged unreasonable rents. He was concerned that the developer may attempt to alter the public house in its entirety to apartments following likely noise complaints from residents. Mr Love expressed some solutions, stating that a new covid-related community ownership funding whereby the government would match any raised funds (up to 250k) by the community, could be used to purchase The Jubilee and renovate in keeping with community values. In response to Member’s questions Mr Love referenced other communities that had successfully received community ownership Funding.

 

Luke Thompson, Chair of Leeman Road  ...  view the full minutes text for item 48a

48b

52 Broadway Cafe, 52 Broadway, York, YO10 4JX [20/02157/FUL] pdf icon PDF 340 KB

Enlarge cafe's outdoor seating area and erection of timber shelter. [Fishergate Ward]

Additional documents:

Minutes:

Members considered an application for the erection of a permanent timber shelter to the front of the existing 52 Broadway Coffee Shop, to provide seating for up to 16 people.

 

Officers gave a presentation based upon slides on agenda pages 63 - 67 detailing existing property and prospective extension and design.

 

In response to Member’s questions it was confirmed:

·        The current gazebo was not a temporary proposal to cover covid restrictions.

·        A minimum of 2 metres would be needed as a gap for pedestrians to safely pass on the adjacent footpath.

·        Roll up doors to the front had been suggested to prevent encroachment onto the footway.

·        The applicant could use the space as a garage when not in use for the café.

·        The applicant did not own the land for the prospective building, however this did not fall under the planning remit.

·        There had been no material changes since the decision not to allow an outside seating area with the original planning application.

 

Public Speakers

 

Jayne Morrison, a direct neighbour, spoke in objection to the application stating the aesthetic did not blend with residential architecture. Mrs Morrison expressed concern with increased noise from customers, potential hub for anti-social behaviour, safety concern of restricted view when exiting her driveway and the ongoing nuisance of limited parking resulting in customers blocking her driveway.

 

Theresa Burn, the applicant, spoke in support of the application stating it was a local hub for the community with limited amenities. Mrs Burn reiterated the daytime operating hours, the noise levels being low in comparison to the busy road, no alcohol being served on the premises and the height of the building standing slightly taller that the neighbouring wall. In response to Member’s questions, she confirmed she would be open to altering the front doors to a roller shutter and the general design of the building. Mrs Burn explained her reason for expanding was due to the popularity and need for a community space and that an alternate premises was not an option due to personal limitations with illness.

 

Rebecca Eccles spoke in support of the application expressing the dedication the applicant had to the community and the support the application had received from customers. In response to Member’s questions Mrs Eccles believed the building would not attract anti-social behaviour like the neighbouring co-op due to the pleasing aesthetic.

 

Gerald Ward spoke in support of the application stating it was an important hub for the community, with a wide spectrum of customers and a necessity following the isolation of the pandemic.

 

In response to further questions from Members, officers confirmed that altering the doors could be added as a condition, however altering the building size would be a Member’s decision and require a deferral.

 

Following debate, Cllr Fisher moved, and Cllr Crawshaw seconded that the application be refused.

 

In accordance with the revised Standing Orders, a named vote was taken with the following result:

·        Cllrs Crawshaw, Daubeney, Fisher, Galvin, Melly, Perrett, Waudby, Webb and Hollyer  ...  view the full minutes text for item 48b

48c

Site To The Rear Of 5 Cherry Lane, York [21/00121/OUT] pdf icon PDF 311 KB

Outline application for the erection of 1no. detached dwelling with means of access (resubmission) [Dringhouses and Woodthorpe Ward]

Additional documents:

Minutes:

Members considered an application (resubmission) for the erection of one residential property to the rear of 5 Cherry Lane following the refusal of five dwellings in August 2020.

 

Officers gave a presentation based upon slides on agenda pages 93 - 97 detailing existing plot, prospective building layout and access. They then provided an update, reporting:

·        An additional consultation response from the Senior Flood Risk Management Engineer.

·        An amendment to Condition 3.

·        Three additional conditions (Condition 26, 27 and 28).

 

It was noted that the information and representations noted above had been assessed and the planning balance and recommendation was unchanged from the published report.

 

In response to Member’s questions it was confirmed:

·        The removal of fencing and 7 metres of hedgerow, to allow for access, could be reviewed with safety guidelines for a possible reduction. Applicant had agreed to necessary access alterations and had indicated that they were willing to remove the approval of access details from the application.

·        An updated drainage condition had been imposed.

·        The applicant would need to apply for further dwellings in a separate application, Member’s cannot impose a restriction on right to apply.

 

Public Speakers

 

Mr Eamonn Keogh, the applicant, spoke in support of the application stating the site had no designation and low ecological value. Mr Keogh explained there would be new planting to restrict the view of the racecourse and the access alteration was upheld from previous submission due to traffic safety concerns, however he was happy to alter to conserve hedgerow. He reiterated the original application was refused due to the lack of housing demand in the area, which was why it had been altered to one dwelling. In response to Member’s questions Mr Keogh confirmed it was a possibility to sell the land with planning permission.

 

There were no further questions from Members to officers.

 

Following debate, Cllr Galvin moved, and Cllr Fisher seconded that the application be approved subject to the applicant’s agreement to remove approval of access from the application. Access would be subject to conditions in agenda report, recommended revisions and any amendments as a consequence of ‘access’ becoming a reserved matter. An additional informative attached by the sub-committee was the consideration of the site development for one dwelling only due to the potential impact on the setting of the Knavesmire and the green corridor.

 

In accordance with the revised Standing Orders, a named vote was taken with the following result:

·        Cllrs Craghill, Crawshaw, Daubeney, Fisher, Galvin, Melly, Perrett, Waudby, Webb and Hollyer voted for the motion.

 

Resolved:

 

(i)           That approval be delegated to the Head of Development Services subject to:

                                         i.    receiving written agreement from the applicant to remove approval of access from the application.

                                        ii.    the conditions listed in the report, the recommended revisions, any amendments as a consequence of “access” becoming a reserved matter, an additional EOT if necessary.

                                      iii.     The following additional and amended conditions and informative:

Amended Condition 2

 

To include, reserved matters to be submitted for means of access

 

Amended Condition 3  ...  view the full minutes text for item 48c

 

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