Agenda item

First floor extension, alterations to elevations and change of use of from electrical store/office to two dwellings [Holgate Ward]

Members considered a full application, submitted by Mr Shaun Batchelor, for a first floor extension, alterations to elevations and change of use from electrical store/office to two dwellings.

 

The case officer updated that the following comments had been received from City Development:

 

1.      Existing and Proposed Employment Site

In regards to policy E3b (Existing and Proposed Employment Sites), the policy requires that evidence is provided to show that the site is not required as part of the employment land supply. In order to determine if there is a sufficient supply of employment land to meet immediate and longer term requirements over the plan period in quantitative and qualitative terms, the site should be marketed for a minimum of six months, or the applicant is able to prove that the loss of this employment site is not detrimental to York’s employment land supply. A letter was submitted from Elmer Estates stating that the unit was advertised on the internet, within the estate agent’s shop window and locally on Minster FM between March 2004 and April 2007 for sale as a commercial unit. No information was submitted regarding rates/prices or the number of enquiries.

 

Housing Windfalls

If evidence shows that the site is not required as part of the employment land supply then the proposed development is in compliance with part (a) and (b) of Policy H4a(Housing Windfalls).

 

Density

The density of the proposed development is approximately 153 dwellings per hectare. The density recommended in Policy H5a is 40 dwellings per hectare.

 

Mix of Dwellings

The greatest demand across York is for 2 and 3 bed room homes.

 

The following comments had been received from Lifelong, Learning and Leisure:

 

2.      As there is no on site open space commuted sums should be paid to the Council for (a) amenity open space – which would be used to improve a local site within the Leeman Road area (b) play space – which would be used to improve a local site within the Leeman Road area (c) sports pitches. The commuted sum would be £720.

 

Councillor Sue Galloway moved and Councillor Crisp seconded a motion to refuse the application. When put to the vote the motion was lost.

 

Some Members thought that the buildings were no longer sustainable as an employment premises. They said that the only reason for refusing the application would be due to loss of an employment site but did not think that this could be justified.

 

RESOLVED:             That the application be approved subject to the following conditions and Informatives:¹

 

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

619.003 Revision C received 12 March 2008

or any plans or details subsequently agreed in writing by the Local Planning Authority as amendment to the approved plans.

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

 

2.      No development shall commence unless and until details of provision for public open space facilities or alternative arrangements have been submitted to and approved in writing by the Local Planning Authority. The open space shall thereafter be provided in accordance with the approved scheme or the alternative arrangements agreed in writing by the Local Planning Authority and thereafter implemented, prior to first occupation of the development.

Reason: In order to comply with the provisions of Policy L1 of the City of York Draft Local Plan.

 

Informative

The alternative arrangements of the above condition could be satisfied by the completion of a planning obligation made under Section 106 of the Town and Country Planning Act 1990 by those having a legal interest in the application site, requiring a financial contribution towards off site provision of open space. The obligation should provide for a financial contribution calculated at £720.

No development can take place on this site until the public open space has been provided or the Planning Obligation has been completed and you are reminded of the local planning authority’s enforcement powers in this regard.

 

3.      The development shall be begun not later than the expiration of the three years from the date of this permission.

Reason: To ensure compliance with Sections 91 to 93 and Section 56 of the Town and Country Planning Act as amended by Section 51 of the Compulsory Purchase Act 2004.

 

4.      The materials to be used externally shall match those of the existing buildings in colour, size, shape and texture.

Reason: To achieve a visually acceptable form of development.

 

5.      Prior to the commencement of the development hereby permitted a Structural Survey shall be submitted to and agreed in writing to the Local Planning Authority.

Reason: To protect the amenity of neighbouring residents.

 

6.      The floors and walls between each of the proposed flats and the adjacent dwellings shall be so adapted as to achieve a reasonable resistance to airborne/impact sound. Insulation shall be in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the works. Details of the floor and ceiling construction and proposed sound insulation measures, together with a composite sound reduction index for the new floor/ceiling will be required. The development shall be undertaken in accordance with the agreed submitted scheme.

Reason: To ensure a satisfactory standard of residential amenity for future occupiers.

 

7.      A desk study shall be undertaken in order to identify any potentially contaminative uses which have or are currently occurring on the site. This shall include a site description and a site walkover and shall be submitted to and approved by the Local Planning Authority prior to the development commencing at the site.

Informative

This should, where possible, date back to 1800

Reason: To protect the amenity of neighbouring residents and the wider environment.

 

8.      A site investigation shall be undertaken based upon the findings of the desk study. The investigation shall be carried out in accordance with BS10175: Investigation of potentially contaminated land: code of practice. The results of the investigations shall be submitted to and approved by the Local Planning Authority in writing prior to any development commencing on site.

Reason: To protect the amenity of neighbouring residents and the wider environment.

9.      A risk-based remedial strategy shall be developed based on the findings of the site investigation. The remedial strategy shall be submitted to and approved by the Local Planning Authority in writing. The approved strategy shall be fully implemented prior to any development commencing on the site.

Informative

The remedial strategy shall have due regard for UK adopted policy on risk assessment and shall be developed in full consultation with the appropriate regulator(s).

Reason: To protect the amenity of neighbouring residents and the wider environment.

 

10.A validation report shall be submitted to and approved by the Local Planning Authority, detailing sample locations and contaminant concentrations prior to any development commencing at the site.

Reason: To protect the amenity of neighbouring residents and the wider environment.

 

11.Any contamination detected during site works that has not been considered within the remedial strategy shall be reported to the Local Planning Authority. Any remediation for this contamination shall be agreed with the Local Planning Authority and fully implemented to any further development at this site.

Reason: To protect the amenity of neighbouring residents and the wider environment.

 

12.A timetable of proposed remedial works shall be submitted to the Local Planning Authority prior to any works being undertaken on the site.

Reason: To protect the amenity of neighbouring residents and the wider environment.

 

INFORMATIVES

 

Party Wall Information

 

You are advised that the development may involve building work covered by the Party Wall etc Act 1996 that is separate from planning or building regulations control. Do not commence work on the development until you comply with the provisions of this Act. An explanatory booklet may be obtained from the City of York's Department of City Strategy, or alternatively it is available on the Department of Communities and Local Government,  www.communities.gov.uk. 

 

 Demolition and Construction

 

If, as part of the proposed development, the applicant encounters any suspect contaminated materials in the ground, the Contaminated Land Officers at the Council's Environmental Protection Unit should be contacted immediately. In such cases, the applicant will be required to design an implement a remediation scheme to the satisfaction of the Local Planning Authority. Should City of York Council become aware at a later date of suspect contaminated materials which have not been reported as described above, the Council may consider taking action under Part IIA of the Environmental Protection Act 1990.

 

The developer's attention should also be drawn to the various requirements for the control of noise on construction sites laid down in the Control of Pollution Act 1974. IN order to ensure that residents are not adversely affected by air pollution and noise, the following guidance should be attached to any planning approval, failure to do so could result in formal action being taken under the Control of Pollution Act 1974:

 

a) All demolition and construction works and ancillary operations, including deliveries to and despatch from the site shall be confined to the following hours:

 

Monday to Friday              08.00 to 18.00

Saturday                              09.00 to 13.00

Not at all on Sundays and Bank Holidays

 

b) The work shall be carried out in such a manner so as to comply with the general recommendations of British Standards BS5228: Part 1: 1997, a code of practice for "Noise and Vibration Control on Construction and Open Sites" and in particular Section 10 of Part 1 of the code entitled "Control of noise and vibration".

 

c) All plant and machinery to be operated sited and maintained in order to minimise disturbance. All items of machinery powered by internal combustion engines must be properly silenced and/or fitted with effective and well-maintained mufflers in accordance with manufacturers instructions.

 

d) The best practicable means, as defined by Section 72 of the Control of Pollution Act 1974, shall be employed at all times, in order to minimise noise emissions.

 

e) All reasonable measures shall be employed in order to control and minimise dust emissions, including sheeting of vehicles and use of water for dust suppression.

 

f) There shall be no bonfires on the site.

 

 

REASON:                  That the proposal, subject to the conditions listed above, would not cause undue harm to interests of acknowledged importance, with particular reference to the residential amenity of the neighbours, the visual amenity of the building and the locality. As such, the proposal complies with Policies GP1 and H4a of the City of York Development Control Local Plan (2005).