Agenda and minutes

The following sites were inspected before the meeting.

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.

At this point in the meeting, Members were asked to declare any personal, prejudicial or disclosable pecuniary interests, not in included on the Register of Interests, that they might have in the business on the agenda. No interests were declared.

To consider excluding the public and press from the meeting during consideration of annexes to agenda item  6  on the grounds that these are classed as exempt under Paragraphs 1,2 and 6 of Schedule 12A to Section 100A of the Local Government Act 1972, as amended by the Local Government (Access to information) (Variation) Order 2006.

RESOLVED:       That Members of the Press and Public be excluded from the meeting during the consideration of the annexes to Agenda item 6 (Enforcement Cases Update) (Minute 11 refers) on the grounds that they contain information that if disclosed to the public, would reveal that the Authority proposes to give, under any enactment or notice by virtue of which requirements are imposed on a person or that the Authority proposes to make an order or directive under any enactment. This information is classed as exempt under Paragraph 6 of Schedule 12A to Section 100A of the Local Government Act 1972, as amended by the Local Government (Access to Information) (Variation) Order 2006.

To approve and sign the minutes of the last meeting of the Area Planning Sub-Committee held on Thursday 6 June 2013.

RESOLVED:       That the minutes of the meeting of the Area Planning Sub Committee held on 6 June 2013 be approved and signed by the Chair as a correct record subject to the following amendments:

(a) The second paragraph of Minute Item 4s (3 Fourth Avenue) being amended to read “Officers recommended to Members that they defer a decision on the application due to concerns raised over discrepancies in the Council’s HMO Database”

(b) Minute Item 1 (Declarations of Interest) being amended to show that the first declaration regarding Agenda Item 4f (St Trinity House) was made by Councillor Cuthbertson not Councillor Gillies.

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 5.00pm on Wednesday 3 July 2013.

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 Committee.

To determine the following planning applications:

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

Extension at ground to third floor levels to units 19/20 and 22. [Guildhall Ward] [Site Visit]

Members considered a major full application (13 weeks) from Mr G Chalk for an extension at ground to third floor levels to units 19/20 and 22.

Officers drew Members attention to paragraph 4.8 of the report which provided details of roof plant enclosure and advised them that the material used would be a metal screenand not solid zinc.

Members questioned whether English Heritage’s concerns, that the enclosure to the air conditioning units would be visible from Cliffords Tower, had been addressed. Officers advised that they were happy with the minimal impact it would have as it was 100m from the Tower and stated that only 1m would be visible. They felt it would fit in well with the roofscape.

Representations were received from Ms Gillian Kyle, the applicant’s agent in support of the application. She advised Members that the proposed extension was in keeping with the form and style of existing buildings and York’s historic landscape. She pointed out that this unit was an anchor store in Coppergate and stressed that when M & S vacate the building it is important the unit is reoccupied without delay in order to continue to bring in shoppers into Coppergate. She explained that as a new occupier had been identified, it was important that the unit was adapted to meet their needs and if left empty, it would have a detrimental effect on the area.

Members queried whether noise levels would be less with the new air conditioning plant and were advised that a noise assessment had been submitted with the planning application and a condition was included in the report.

Members agreed that the design and mass of the proposed extension was acceptable and felt that the impact of the new building work would be minimal. The noted that there were no objections from residents. Additionally the city centre was lacking in departments stores. They stressed the importance of  maintaining occupation of this site which was on the corner of Piccadilly and agreed it would enhance the development of the Coppergate/Piccadilly area .

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

REASON:           The proposals bring significant benefit as the scheme will enhance the retail offer available in the city centre, enabling a retail premises of around 5,250 sq m, which would create around 170 jobs.  The application therefore should be supported, considering policy within the NPPF, which advises that LPA's should promote competitive city centres and that it is important that the need for retail and city centre uses are met in full and are not compromised by limited site availability.  This policy also accords with existing and emerging Local Plan policies which seek to enhance the vitality and viability of the city centre and focus major new retail development and investment within the City Centre. 

There is no identified harm which outweighs the benefits of the proposals, considering the impact on heritage assets, residential amenity and highway safety.

Conversion of betting shop (use class A2) to 1 house and 4 flats (use class C3). [Westfield Ward] [Site Visit]

Members considered a full application from Tote Bookmakers Limited for the conversion of a betting shop (use class A2) to a house and four flats (use class C3)

Councillor Williams had registered to speak at the meeting but was unable to attend. A copy of his written representation had been circulated to Members. He expressed the view that the conversion of the building to residential use would be a good idea if it was done more in keeping with the character of other houses in the street and on a smaller scale. However this proposal was for too many properties and this would create a strain on local infrastructure. He raised concern that the shortage of available parking, worsened by the close proximity of Acomb Shopping Parade, would become even more problematic by increasing the number of properties in the street. Furthermore, the character of Beaconsfield Street was predominantly for family homes.

Representations were received from Mr Richard Irving, the applicant’s agent, in support of the application. He explained that the applicant had approached him in order to review the representations made. He stated that he had met with Councillor Williams to discuss residents concerns. He advised Members that the main issue appeared to be the perception of the lack of car parking spaces and that a parking capacity analysis had been undertaken, details of which were included in the report. He pointed out that the site was adjacent to Acomb shopping centre, with facilities available, and was in a sustainable location. In response to a request to increase the bin storage area this had now been incorporated in the scheme.

Some Members expressed concerns about the lack of amenity space for the residents of the flats. Others acknowledged that many flats and houses in the area had little or no amenity space and accepted that as the building filled the site completely there was no option to include amenity space. Members accepted that there were some concerns with regard to parking but not sufficient to turn down the application.

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

REASON:           The proposed change of use of the end of terrace two storey building for the reasons listed in the report is not considered to result in undue harm to the residential amenity of the occupants of the neighbouring dwellings nor cause harm to the appearance of the streetscene or the character of the area. The proposal is considered to comply with local and national policy.

Reserved matters application for approval of access, appearance, landscaping, layout and scale for the erection of 8 industrial and storage and distribution units following the grant of outline permission 06/00518/FUL (Phase 2). [Rural West York Ward]

Members considered a major reserved matters application (13w) from Mr Garry Barker for the approval of access, appearance, landscaping, layout and scale of the erection of eight industrial and storage and distribution unity following the grant of outline permission 06/00518/FUL (Phase 2).

Officers advised that a revised landscaping plan had been submitted - Drawing Number YBP/PP15A (02.07.2013) and the Landscape Architect had confirmed that she had no objections to the scheme. Therefore officers advised that condition 1 be amended to include the revised landscaping plan.

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

Amended Condition 1

The development hereby permitted shall be carried out in accordance with the following plans:-

Drawing Number YBP/PP11 received 25 March 2013

Drawing Number YBP/PP12 received 25 March 2013

Drawing Number YBP/PP13 received 25 March 2013

Drawing Number YBP/PP14 received 25 March 2013

Drawing Number YBP/PP15 received 25 March 2013

Drawing Number YBP/PP15A received 02 July 2013

Drawing Number YBP/PP16 received 25 March 2013

Drawing Number YBP/PP17 received 25 March 2013

Drawing Number YBP/PP18 received 25 March 2013

Reason:              For the avoidance of doubt and to ensure that the development is carried out only as approved by the Local Planning Authority.

REASON:           The proposal, subject to the conditions listed in the report and the amended condition above, would not cause undue harm to interests of acknowledged importance, with particular reference to siting, access, appearance, landscaping, layout, and scale. As such the proposal complies with Policies GP1, E3b, T4, and GP9 of the City of York Development Control Local Plan; and national planning guidance set out in the National Planning Policy Framework.

Conversion of ground floor to restaurant (Class A3) and/or offices (Class B1), first floor to offices (Class B1) and upper floors to four. apartments, erection of external access tower and bridge link to Skeldergate and new mansard roof to southern building. [Micklegate Ward] [Site Visit]

Members considered a major full application (13 weeks) from Mr Peter Callaghan for the conversion of the ground floor to a restaurant (class A3) and/or offices (Class B1), first floor to offices (Class B1) and upper floors to four apartments, the erection of an external access tower and bridge link to Skeldergate and a new mansard roof to southern building.

Officers advised the committee that the agent had submitted a response to a number of issues raised by consultees and residents as follows:

·        Use - It is confirmed that the applicants seek consent only for a Class A3 use (as one of the two alternative uses for the ground floor of the southern building). There would be no objections to a condition which restricted the playing of amplified music.

·        Closing Time - The applicant can accept the recommended restriction of hours on the basis that this closing time allows for a clear up period by staff after the restaurant formerly closes to customers.

·        Parking- There would be no car parking on the grassed area on Terry Avenue

·        Sustainable Design and Construction - It is confirmed that a “Very Good” BREEAM rating will be sought for the offices and that the developers will work with the occupant of the restaurant use (when known) to achieve a “Very Good” rating for this part of the scheme. Code for sustainable Homes Level 3 will be sought for the four flats. In relation to the use of renewable energy technologies, it is proposed to use air source heat pumps.

Officers advised that further representations had also been received. A local resident had expressed concern with respects to the complete removal of the broad holly and the mature lime and sought reassurances that any trees removed would be replaced. It was pointed out that the removal of the holly, which currently provided an all year round visual barrier between the Lady Anne Court Flats and the Bonding Warehouse, would also expose more the balconies/windows of the proposed offices/restaurant and flats, thereby reducing the privacy of existing residents.

Officers advised that their recommendation was now that the application be approved subject to a s106 agreement and to receipt of final comments of the Ecologist with respect to Condition 23 (bats).

Officers advised the following revised and additional conditions:

Revised Condition 18 – remove (h) location and details of bat boxes (now a separate condition)

Additional Condition 22 – to prevent playing of amplified, recorded or live music associated with the restaurant

Additional Condition 23 – require locations and details of bat boxes to be submitted to and approved by the local planning authority.

Representations were received from Sarah Doyle. She asked the committee to take the amenity of local residents into account when considering the application. She raised concerns about noise disturbance including noise from customers, noise of wagons reversing, music and disturbance from people leaving the premises late at night/in the early hours of the morning. She asked that the restaurant remained as a  ...  view the full minutes text for item 10d

Internal and external alterations in connection with proposed use as restaurant and/or offices with apartments in upper floors including new mansard roof to southern building, erection of stair and lift access tower in courtyard and bridge link to Skeldergate. [Mickelgate Ward] [Site Visit]

Members considered an application for listed building consent from Mr Peter Callaghan for internal and external alterations in connection with the proposed use as a restaurant and/or offices with apartments in the upper floors including a new mansard roof to the southern building, the erection of stair and lift access to the tower in the courtyard and a bridge link to Skeldergate.

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

REASON:           The proposal, subject to the conditions listed in the report, would not cause undue harm to interests of acknowledged importance, with particular reference to the impact on the character and appearance of the listed building. As such the proposal complies with the National Planning Policy Framework and Policy HE4 of the City of York Development Control Local Plan.

Installation of an air source heat pump. [Heworth Ward]

Members considered a full application from Mr Tom Shepherd for the installation of an air source heat pump.

This application had been deferred at the meeting of East Area Planning Committee on 2 May 2013 in order that additional information on noise levels could be provided to enable Members to assess the revised noise conditions and ensure that the proposals would not impact unacceptably on residents amenity.

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

REASON:           The air source heat pump is physically a small piece of apparatus and will be located against the ground floor rear elevation of the terraced house.

Officers from the Councils Environmental Protection Unit are satisfied that, providing the equipment is properly maintained, it will not harm neighbours living conditions.

Two storey rear and single storey front and rear extensions (revised scheme). [Strensall Ward]

Members considered a full application from Mr Chowdhury for a two storey rear and single storey front and rear extensions (revised scheme).

Officers notified Members of an error in the report stating that on page 121 in paragraph 4.9 (p 121) “south side elevation” should read “north side elevation” and in paragraph 4.10 “north side elevation” should read “south side elevation”. They also advised that condition 4 should be amended to require that the windows on the south elevation have obscure gazing.

Representations were received from Parish Councillor Pat Leveson of Earswick Parish Council in objection to the application. She explained that the Parish Council had raised concerns about the original application which had subsequently been approved at committee. Since then however, the applicants had altered every single aspect of the development. She explained that the housing developments in Earswick had intentionally been built to avoid overlooking but a lot of current extensions didn’t take this into consideration. She advised Members that there were five ongoing extensions in the village and she was concerned that others may follow likewise. She stated that the owners of 11 and 13 Whitelands had not objected as they were worried that if the applicant was asked to remove the additional windows, these would be blocked up and look worse than at present. She circulated photographs of the house to the Committee. 

Members acknowledged that the bulk of what had been built was what had been approved but with the addition of skylights and additional windows. They also noted that there was a large amount of space around the building.

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

Amended Condition 4

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking or re-enacting that Order), unless otherwise agreed in writing with the Local Planning Authority the additional windows at first floor level on the south side elevation shown on the approved drawings shall at all times be obscure glazed to a standard equivalent to Pilkington Glass level 4 or above and be

non-opening below a height of 1.5 m measured from the internal floor level. No additional windows or other openings shall be inserted in this elevation without the prior written consent of the Local Planning Authority.

Reason: In the interests of the amenity and privacy of occupants of the adjacent residential property.

REASON            The proposal, subject to the conditions listed in the report and the amended condition above, would not cause undue harm to interests of acknowledged importance, with particular reference to the effect on residential amenity and the impact on the street scene. As such the proposal complies with Central Government advice contained within the National Planning Policy Framework (March 2012), policies GP1 and H7 of the City of York Development Control Local Plan and the 'Guide to extensions and alterations to private dwelling houses' Supplementary Planning Guidance.

Members will consider a report which provides a continuing quarterly update on the number of enforcement cases currently outstanding.

If Members have any specific queries or questions regarding enforcement cases, please e-mail or telephone Andy Blain, or Matthew Parkinson by 5pm on Tuesday 2 July 2013 if possibleso that officers can bring any necessary information to the meeting.

If Members identify any cases on the list which they consider are not now expedient to pursue and / or could now be closed e.g. due to a change in circumstance on site or the alleged breach no longer occurring, please could  they advise officers either at the meeting or in writing, as this would be very helpful in reducing the number of cases, particularly some of the older ones.

Members received a report which provided them with a continuing quarterly update on the number of enforcement cases currently outstanding for the area covered by the Committee.

RESOLVED:       That the report be noted.

REASON:           To update Members on the number of outstanding Enforcement cases within the Sub-Committee area.

Any other business which the Chair considers urgent under the  Local Government Act 1972.

Members raised concerns about the accuracy of information about houses in multiple occupation (HMOs) which was available to them when considering applications for a change of use from residential to HMO.

Officers acknowledged the concerns raised and advised that planning officers based their recommendations on the information available to them. They explained that the HMO database was the starting point for finding information but that officers were also advised to check council tax records and not rely solely on the HMO database.

RESOLVED:       That the chair of the Area Planning Sub-Committee liaise with the Assistant Director for City Development and Sustainability and the Cabinet Member for Transport, Planning and Sustainability withregard to the collation of HMO information.

REASON:           In order that officers and planning committee members have the most up to date, comprehensive and accurate  information possible on HMOs on which to base their consideration of planning applications.