Agenda and minutes

In the absence of the Vice-Chair Cllr Crawshaw, who had given his apologies, it was proposed and seconded that Cllr Pavlovic be Vice-Chair for this meeting.

Resolved: that Cllr Pavlovic be Vice-Chair for this 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.

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-pecuniary interest in Agenda item 4a) Moorlands Nursing Home, Strensall, [19/02044/FULM] as a member of Stensall with Towthorpe Parish Council.  Whilst the Parish Council had expressed a view on the application, Cllr Fisher declared that he was considering this item afresh.

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

A Member requested that the year in the following minute be

checked as earlier on in the officer report this application is stated

as having being received at committee in 2019.

Dean Court Secure Car Park [20/00505/FUL], Reason for

Approval,

“This scheme is similar to the 2018 application which

Members recommended for approval…”

Post meeting note: This was checked and should be 2019.

Subject to the above change it was:

Resolved:  That the Minutes of the Area Planning Sub-Committee meeting held on 5 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.

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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 62 bedroom care home with associated car parking and landscaping following the demolition of existing care home (resubmission of 18/02935/FULM) [Strensall]

Members considered a full application from Mr M Ladhar for the  erection of a 62 bedroom care home with associated car parking and landscaping following the demolition of existing care home.  The current application had been submitted in October 2019 and following concerns raised by the case officer and local residents with regard to the scale and the impact on neighbour amenity, revised plans were submitted for consideration in February. These have been subject to a re-consultation with local residents and the relevant internal and external consultees.

Officers gave a presentation based upon the slides at pages 41-58 of the Agenda and reported that:

·        an additional representation had been received from Strensall with Towthorpe Parish Council who considered that the revised drawings had not removed any of the objections submitted by the Parish Council and would draw your  attention to comments from the Conservation Architect, City of York Council.

·        An additional representation had been received from Cllr Doughty, Ward Member for Strensall, who supported the

representations presented by Strensall with Towthorpe Parish Council and added that in recent conversations with the Director for Health and Adult Social Care he had been told that we have a changing market place in York and there had been no problem in finding care accommodation in the city. 

·        A replacement of the Drainage Condition 3 (as set out  in the resolution below)

Officers confirmed that the additional information had been assessed and the planning balance and the recommendation remains unchanged from that in the published report. 

Mr Richard Thackray, a neighbouring resident at Harvest Close, spoke in objection to the proposal on the grounds that his amenity would be most affected by overlooking, given the number of windows.  He considered that the terraces on the first and second floors would allow direct views into the homes and gardens on the South and West sides of the plot.

Mr Bryan Ford, local resident, spoke in objection on the grounds that  the proposed building was not suitable or appropriate for the area and would devalue the status of the nearby conservation area. He considered that neighbouring residents would be adversely affected by the increased impact of traffic which would lead to further deterioration of the road. 

Mr Jonathan Dobson, a neighbouring resident, spoke in objection on the grounds that the revised proposal had not addressed concerns regarding the size and scale of the development.  The southern façade was much higher and broader than existing therefore the outlook from his kitchen would be a view of brickwork and roof. The proposed roof terraces would provide overlooking across his and neighbouring properties.

Mr Nick Kemp from Acanthus Darbyshire Architects, Agent for the Applicant, set out that there had been a shortfall of 576 nursing care beds in the city.  The proposal would create around 54 jobs the area.  The management at Cramcare were well established care providers with over 30 years’ experience.  They considered that concerns regarding scale and mass had been addressed.  They confirmed  ...  view the full minutes text for item 74a

This application seeks permission for the erection of 3 storey building to form 8no. apartments and 2no. semi-detached bungalows to the rear following demolition of existing bungalow with new access and associated landscaping. [Westfield]

Members considered a full application from Inglehurst Properties for the erection of 3 storey building to form 8no. apartments and 2no. semi-detached bungalows to the rear following demolition of existing bungalow with new access and associated landscaping.

Officers gave a presentation based upon the slides at pages 73 -90 of the Agenda and reported:

·        A further objection received from the occupier of 61 Gale Lane on the grounds that although they note the obscure glazed window at first floor level, their preference would be for this to be removed entirely.  They also considered that there was a loss of privacy to their garden from the ground floor patio door and window.

·        Further information on the floor area as follows:

Gross Floor Area of the development is approximately 670 square metres.

The units measure approximately:

Unit 1 – 43 square metres

Unit 2 (2 bed) – 58 square metres

Unit 3 – 48 square metres

Unit 4 – 48 square metres

Unit 5 – 51 square metres

Unit 6 – 48 square metres

Unit 7 – 48 square metres

Unit 8 – 51 square metres

Bungalows – 67 square metres

·        Revised wording for Condition 3 which sets out drainage details.

·        An additional Condition 15 requesting details of the reduction in carbon emissions the development would achieve.

In response to questions from Members, officers confirmed that:

·        If there were new material considerations, this item would be brought before this committee for consideration.

·        That most of the properties flats and bungalows would meet, or be very close to meeting, the space standards for planning 2015 as set out by the Department for Communities and Local Government.  The Planning Officer explained that as this standard had not been confirmed by a Local Plan, this therefore could not be applied in consideration of this application and that the current position was that legally, there was no minimum size standard.

·        The Housing in Multiple Occupation (HMO) Licensing requirements in respect of room sizes, could also not be applied in consideration of this application.

·        Further information would be provided to Members who sit on the Planning Committees, in the form of a briefing or further training, on space standards and why they were not applied.  

After debate, Cllr Galvin moved, and Cllr Webb seconded, that

delegated authority be given to the Head of Development Services to approve this application after the expiry of the consultation period, subject to no new material objections, in accordance with the officer recommendation with the addition of amended Condition 3 which sets out drainage details and an additional Condition 15 requesting details of the reduction in carbon emissions the development would achieve.  Cllrs: Craghill, Daubeney, Fisher, Galvin, Orrell, Waudby, Webb and Hollyer all voted in favour of this motion.  Cllrs: Melly, Pavlovic and Perrett voted against this motion and it was therefore:

Resolved:            That DELEGATED AUTHORITY be given to the Head of Development Services to APPROVE this application after the expiry of the consultation period, subject to no  ...  view the full minutes text for item 74b

This outline application seeks permission for the erection of 5no. detached dwellings with means of access. [Dringhouses And Woodthorpe]

Members considered an outline application from Crossways Commercial Estates Limited for the erection of 5no. detached dwellings with means of access.

Officers gave a presentation based upon the slides at pages 117 -123 of the Agenda and reported that:

·        they had changed their recommendation to:

Approve subject to:

Section 106 Agreement to secure the following obligations –

o   Affordable housing (contribution of £31,547.98 per dwelling); and

o   Formation of a management company to manage and maintain landscaped areas outside residential curtilage in accordance with agreed scheme.

·        An amendment to paragraph 5.20 of the committee report to read ‘A short section of hedge (approximately 7m or 4% of the hedge)’.

·        A replacement of condition 10 with the following 3 conditions:

(i)           The site shall be developed with separate systems of drainage for foul and surface water on and off site.

Reason: In the interest of satisfactory and sustainable drainage.

(ii)         No development shall take place until details of the proposed means of foul and surface water drainage, including details of any balancing works and off site works, have been submitted to and approved by the Local Planning Authority.

Design considerations.

The developer’s attention is drawn to Requirement H3 of the Building Regulations 2000 with regards to hierarchy for surface water dispersal and the use of Sustainable Drainage Systems (SuD’s). Consideration should be given to discharge to soakaway, infiltration system and watercourse in that priority order. Surface water discharge to the existing public sewer network must only be as a last resort therefore sufficient evidence should be provided i.e. witnessed by CYC infiltration tests to BRE Digest 365 to discount the use of SuD’s.

If the proposed method of surface water disposal is via soakaways, these should be shown to work through an appropriate assessment carried out under BRE Digest 365, (preferably carried out in winter), to prove that the ground has sufficient capacity to except surface water discharge, and to prevent flooding of the surrounding land and the site itself.

City of York Council’s Flood Risk Management Team should witness the BRE Digest 365 test.

If SuDs methods can be proven to be unsuitable then In accordance with City of York Councils City of York Councils Sustainable Drainage Systems Guidance for Developers (August 2018) and in agreement with the Environment Agency and the York Consortium of Internal Drainage Boards, peak run-off from Brownfield developments must be attenuated to 70% of the existing rate (based on 140 l/s/ha of proven by way of CCTV drainage survey connected impermeable areas). Storage volume calculations, using computer modelling, must accommodate a 1:30 year storm with no surface flooding, along with no internal flooding of buildings or surface run-off from the site in a 1:100 year storm.  Proposed areas within the model must also include an additional 30% allowance for climate change. The modelling must use a range of storm durations, with both summer and winter profiles, to find the worst-case volume required.

If existing connected impermeable areas not proven then Greenfield sites  ...  view the full minutes text for item 74c

This application seeks permission for change of use from offices (Use Class B1) to health care unit (Use Class D1), and single storey extension and flat roof canopy to the north west elevation. [Osbaldwick and Derwent]

Members considered a full application from Mr Chris Parker for permission for the change of use from offices (Use Class B1) to a health care unit (Use Class D1), and single storey extension and flat roof canopy to the north west elevation.

Officers gave a presentation based upon the slides at pages 143 to 157 of the Agenda and reported that the applicant had submitted a BREEAM Statement confirming that the proposed development can achieve BREEAM ‘Very Good’.  As a consequence Officers therefore requested that Members give consideration to the addition  of the following condition:

Additional Condition 14

The development hereby approved shall be constructed to a BREEAM standard of ‘Very Good'. A formal Post Construction assessment by a licensed BREEAM assessor shall be carried out and a copy of the certificate shall be submitted to the Local Planning Authority within 12 months of first use of the building (unless otherwise agreed).

Reason: In the interests of achieving a sustainable development in accordance with the requirements of the NPPF.

There were no registered speakers, although Mr Ian Moore ofRichard Eves Architects, agent for the applicant, was available to respond to Members’ questions.

In response to questions from Members, officers confirmed that:

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After debate, Cllr Galvin moved, and Cllr Daubeney 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 additional condition:

Additional Condition 14

The development hereby approved shall be constructed to a BREEAM standard of ‘Very Good'. A formal Post Construction assessment by a licensed BREEAM assessor shall be carried out and a copy of the certificate shall be submitted to the Local Planning Authority within 12 months of first use of the building (unless otherwise agreed).

Reason:               In the interests of achieving a sustainable

development in accordance with the requirements of the NPPF.

Reason for Approval:  

The proposed development would result in the loss of office use/accommodation, however the proposed use is considered to employ similar numbers to the permitted use.  The proposed use would provide an expansion to the capacity of this service and would benefit the health of the wider population for the city and the surrounding area.   Officers recommend approval of the scheme subject to the completion and signing of a Section 106 agreement covering introduction of parking restrictions to the surrounding area.

The proposal falls within class D1 (Non-residential institutions) of the Use Classes Order 1987 (as amended).  Permitted uses within D1 use class include clinics, health centres, crèches, day nurseries, day centres, schools, art galleries (other than for sale or hire), museums, libraries, halls, places of worship, church halls, law court, non-residential education and training centres. Change of use to a different use within the same use class does not normally require planning permission. Whilst the currently proposed use is in principle acceptable in this area - subject to  ...  view the full minutes text for item 74d

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