Agenda item

Two detached dwellings with associated access, landscaping and parking [Osbaldwick Ward]

Members considered a full application, submitted by the Joseph Rowntree Housing Trust, for two detached dwellings with associated access, landscaping and parking.

Officers updated that a sustainability statement had now been received for the two properties, details of which were circulated at the meeting. He confirmed that an outline master plan had been approved for the whole of the Derwenthorpe site, which had had been accompanied by an indicative plan of how the site might be developed. He also confirmed that the location of these two properties was generally in line with the earlier approval and that this would not prejudice the application for the entire site.

Representations were made and questions asked on behalf of the Meadlands Area Residents Association (MARA). He stated that he supported the calling in of the application as local residents had followed the planning process for this site for 9 years and he felt that this submission added confusion to the process. He questioned why this application had not been made in relation to Phase 1 of the development. He also referred to the various committees and sub groups involved in the overall scheme to which none of the residents groups were involved or invited. He stated that residents wished to be kept informed through their residents meetings of progress with this site.

Representations, in objection to the application, were received from a representative of the Friends of Osbaldwick Meadows, who also referred to his confusion as to how this application could be considered in isolation of the larger scheme. He stated that the proposed dwellings were totally out of character with adjacent properties in Temple Avenue. He also referred to para. 4.8 of the Officers report, which stated that no highway works would be required at this stage. He felt that road widening would be required to allow construction vehicles access to the site. He also stated that access to the site would not be possible until October as a hedge ran along the site boundary, which could not be removed whilst it contained nesting birds. He requested Members to refuse the application until all these matters were fully resolved.

Representations in support of the application were received from the Director of Development at the Joseph Rowntree Housing Trust. He referred to the sustainability statement, circulated at the meeting, and confirmed that the Trust were committed to ensuring that they could deliver the sustainable buildings required under the terms of the Section 106 Agreement. Their aim being to obtain the Code for Sustainable Homes Level 4 on Phase 1 and make improvements on this as the development proceeded. He confirmed that this site had been chosen as the access and all services were readily available. The properties would be forward of the building line to mark the entrance to the site and would contain a feature dormer window and a covered balcony as additional amenity space.

In answer to Members questions, Officers confirmed that if a start was to be made on the development prior to the end of August then a qualified ecologist would be required to examine the trees/hedgerow and if nests were found then access to the site may have to be made from a different point.

In answer to Members questions, the Director of Development at the Joseph Rowntree Housing Trust, confirmed that the two prototype dwellings were to show design and construction detail to test the fabrics performance, pressure testing of the dwellings and skills in the industry. Regarding the Derwenthorpe Executive meetings he confirmed that these were internal meetings held once a month between the landowner, the City of York Council and the Trust to discuss issues around the land.

Some Members expressed concern at development of part of the site with dwellings that they felt would be used as show homes prior to major work on the roads.

RESOLVED:             That the application be approved subject to the conditions listed in the report and to the imposition of the following additional conditions and informative:

               1.                  Prior to works starting on site a dilapidation survey of the highways adjoining the site shall be jointly undertaken with the Council and the results of which shall be agreed in writing with the Local Planning Authority

 2.                 Prior to the commencement of the works hereby permitted, a detailed method of works statement shall be submitted to and agreed in writing by the Local Planning Authority. This statement shall include the precautions to be taken to ensure the safety of the general public, the method of securing the site, the access to the site, the route taken by vehicles transporting the demolition waste from and construction materials to the site and the hours of operations.

INFORMATIVE:  Wildlife and Countryside Act 1981 - cutting trees & hedges

Please note that under Section 1 and 99 of the Wildlife and Countryside Act 1981 it is an offence to damage or destroy any birds nest whilst it is in use being built or to damage or destroy a bat roost.

Tree work and hedge cutting should not take place if there is a risk of the work, or its effects, being harmful to resident birds. Therefore it is recommended that major pruning of hedges is done during January and early February, that is after birds have eaten the berries and before they start to nest, and that hedge trimming is avoided between March and August (nesting season).

However, if a hedge has to be trimmed or a tree has to be felled between March and August it should be inspected carefully for active nests and, if found, work should be delayed until the young birds have flown. If, despite best efforts and a nest is found after work has started, a buffer area must be left inviolate, around the nest

REASON:                  In the opinion of the Local Planning Authority the proposal, subject to the conditions listed above, would not cause undue harm to interests of acknowledged importance, with particular reference to the impact on the street scene and the amenity and living conditions of neighbours.  As such the proposal complies with Policies GP1, GP4a, H1, H3b, H5a and T4 of the City of York Draft Local Plan.