Agenda item

Replacement of 3no. moorings. [Bishopthorpe Ward].

Members considered a full application by Mr Tony Lumb for the replacement of three moorings.

Officers updated that two further letters of objection had been received from local residents. These raised no objection to the moorings but voiced concerns that the fence would have a detrimental effect on the visual impact

The Planning and Sustainable Development Area Team Leader reminded Members that the application had been deferred at a previous meeting to seek advice regarding the potential to withdraw permitted development rights. He advised that as the erection of the fencing had already taken place, the legal process would be to serve a discontinuance notice under section 102 of the Planning Act requiring the removal of the fence.  This would need to be confirmed by the Secretary of State and compensation would be payable. He explained that for such a notice to be successful there must be exceptional circumstances and a real and specific harm to the amenity of the area and that there was little likelihood of such a notice being confirmed by the Secretary of State. He advised Members that in his opinion the grant of planning permission subject to conditions requiring an alteration to the type of fencing, the planting of a hedge and the restriction on domestic paraphernalia would achieve the best outcome that could reasonably be expected and that a refusal of permission would be likely to result in the retention of the fence in its current form.

Representations were received from a member of the Ramblers Association in objection to the application in view of public right of way issues. He spoke in support of the removal of the close boarding currently in place and replacement by a post and rail fence.

Representations were also received from Parish Councillor Tim Pumffney in objection to the high fencing. He gave his support to the officer recommendation in principle but suggested that the maximum height of 1.8m was too high for a post and rail fence. He reported that further along the riverbank, fences were about 1m in height. In relation to the proposed minimum height of the hedge at 1.8m, he requested that no height be  specified as it was not necessary and would be difficult to monitor.

Members discussed issues surrounding the height of the fence and hedge and agreed that the minimum height of the hedge be reduced to 1metre.

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

Amended Condition 2

Notwithstanding the application details hereby approved, a hedge utilizing species previously agreed in writing by the Local Planning Authority shall be planted directly parallel to the fence stipulated in Condition 1 to further separate the renovated moorings from adjoining land. The hedge shall be allowed to grow to a minimum height of 1metres and shall be planted within the first planting season following the date of this permission. Any part of the hedge so planted which dies, or is removed or becomes seriously damaged or diseased shall be replaced in the next planting season to the satisfaction of the Local Planning Authority.                                   

Reason:To safeguard  and secure the pleasant  rural ambience and visual amenity of the riverbank area and to secure compliance with Policies NE2 and GB2 of the York Development Control Local Plan.

REASON:      That the proposal, subject to the conditions listed in the report and the amended condition listed above, would not cause undue harm to interests of acknowledged importance, with particular reference to management of floodrisk, fear of crime, impact of fencing upon visual amenity, impact upon nature conservation, impact upon Green Belt and the "Fallback Position" and as such complies with  Policies GP 15,GP1,L4,GB2,and NE2 of the City of York Local Plan Deposit Draft.