Agenda item

Erection of 2 no. two storey detached dwellings with detached garages after demolition of existing workshop [Haxby and Wigginton Ward] [Site Visit].

Members considered a full application, submitted by Mr B Beckett, for the erection of 2 no. two storey detached dwellings with detached garages after the demolition of an existing workshop.

Officers updated that:

• The applicant had pointed out that although 37 objections had been received it appeared that they were not all from different properties, but from 30 different households;
• If approval was granted they requested amendment of Condition 11 to include maintenance of the drainage scheme.

Representations in objection to the scheme were received from a neighbour; he stated that neighbours had only recently received notification of the meeting. He stated that they felt drainage was the key issue, there were problems at the south west corner of the site, flooding problems at The Avenue junction with York Road and they felt additional properties would worsen flooding in this area. He confirmed that Yorkshire Water appeared to dismiss this as a problem. Referring to the northeast corner of the site he stated that the site was already higher than surrounding gardens and that water from the Lady Kell development already ran on to the site following heavy sustained rain, flooding adjacent gardens.

Representations in support of the application were received from the applicant’s agent who confirmed that Yorkshire Water had undertaken an assessment of the site and the Foss Internal Drainage Board and that their proposals for foul and surface water discharge from the site were considered acceptable. He felt that this was an appropriate site for the dwellings which complied with all guidelines, would not cause a precedent as there were no similar plots in the area and that permitted development rights would be removed if permission was granted. He stated that it was proposed to create underground storage to ensure that peak flows were less than the current rate from the site, which would prevent problems in the area worsening. A representative of the applicant engineers was also in attendance; he confirmed that calculations had been undertaken of the proposed hard standing on site. The storage tank had been designed to cope with a 1 in 100 year storm and would have a slower release rate into the public system than at present.

Members raised concern at the proposed floor levels; they stated that at the site meeting the previous day, it was clear that the properties would be higher than those on adjacent sites. They referred to historic flooding problems in the area and to photographs produced by neighbours, which showed dead trees and plants in their gardens following prolonged water logging. They acknowledged that the applicant had endeavoured to find a solution to the drainage problems but felt that this would be backland development which would badly affect neighbours amenity and which would exacerbate flooding problems in the area.

RESOLVED:             That the application be refused.

REASON:                  The Council considers that the proposed development of the site, together with the increased use of the existing vehicular access, would constitute an unacceptable form of backland development which, in addition to the known surface water flooding problems that exist on the site, would be likely to detract from the standard of amenity that the occupiers of neighbouring properties could reasonably expect to enjoy. Thus it is considered that the proposal would conflict with Policy GP1 (paragraphs a, b and i) of the City of York Draft Local Plan and Central Government advice within paragraph 34 of Planning Policy Statement 1 ("Delivering Sustainable Development") and paragraph 13 of Planning Policy Statement 3 ("Housing").