Agenda item

Erection of single storey dwelling with rooms in roof to rear with access from School Lane (resubmission).  [Rural West York Ward]  [Site Visit].

Members considered a full application by Mr B Britton and Ms J Liney for the erection of a single storey dwelling with rooms in roof to rear with access from School Lane (resubmission). 

A letter was read out from a resident of School Lane who was unable to attend the meeting but objected to the application because of concerns regarding access to the dwelling, its proximity to the neighbouring property and the proposed size and design.

Officers tabled a planning update following further comments received from the Council’s Tree Officer and including a proposed amendment to condition 17 to protect a copper beech tree.

Members were informed that the proposed condition 10 should be deleted as it was unlawful.

Officers stated that the scheme had previously been refused on the following grounds:

• An additional dwelling taking its access from School Lane would result in conditions detrimental to vehicle and pedestrian safety. 
• The overall footprint and height of the proposed dwelling would harm the rural village character and appearance of this part of the Conservation Area.
• The proposed dwelling by reason of its height and location would overshadow and appear overbearing to the dwelling to the North, “The Beehives”.

The applicants subsequently appealed against the Council’s decision Although the Inspector dismissed the applicants’ appeal on the grounds of detrimental impact upon the adjacent dwelling, he made it clear in his decision that he did not consider the application had a detrimental impact upon Upper Poppleton’s Conservation Area, nor did he consider that the access arrangement was inadequate and would result in conditions detrimental to vehicle and pedestrian safety.  Members’ attention was drawn to the modifications that had been made by the applicants, including the deletion of the originally proposed garage and changes to the roof slope to prevent loss of light to the neighbouring resident.

The applicant gave details of the ways in which they had sought to address concerns expressed by residents, including siting the proposed dwelling in such a way as to avoid impacting on the neighbouring residents’ light.  Details were also given of the proposed measures that would be in place to make the property as environmentally friendly as possible, including the installation of solar panels.  The positioning of the property had taken into account the need to obtain as much sunlight as possible as it was acknowledged that, because of the mature trees, shadow was a problem. 

The applicant was asked if consideration had been given to an alternative access.  It was confirmed that this had been considered but that it would have necessitated the felling of mature trees.  Conservation Officers had also stated that they did not want the house to be seen from the village green.

Some concerns were expressed as to future problems that might arise if a condition was to be imposed regarding the protection of the beech tree.  Other members were keen to ensure that the tree was protected as far as possible. The applicant confirmed that they were not seeking to remove the tree.

RESOLVED:That the application be approved subject to the conditions listed in the report and the following amendments¹:

Amendment to condition 17

Prior to commencement of site preparation, building or other building operations, including the importing of materials and any excavations, protective fencing to BS5837 shall be erected around the beech tree.  The fencing shall be erected below the outermost limit of the branch spread, or at a distance equal to half the height of the tree, whichever is the further from the tree.  This means of protection shall be agreed in writing with the Local Planning Authority and shall be implemented prior to the stacking of materials, the erection of site huts or the commencement of building works.

In addition none of the following activities shall take place within the protective fencing or within the canopy area of existing trees; excavation, raising of levels, storage of any materials or top soil, burning, parking or manoeuvring of vehicles, no site huts, no mixing of cement, no disposing of washings, no stored fuel, no new service runs.  The fencing shall remain secured in position throughout the construction process including the implementation of landscaping works.  A notice stating “tree protection zone – do not remove” shall be attached to the fencing.

Reason:          To ensure protection of the beech tree and other adjacent trees during construction.

Additional condition

No trenches, pipe runs for services or drains shall be routed under the crown spread of any tree without the prior approval in writing of the Local Planning Authority.

Reason:          To ensure protection of the beech tree and other adjacent trees during construction.

Additional condition

All works should be carried out in accordance with British Standards 5837 (2005) “Trees in relation to construction”.

Reason:          To ensure that the trees are properly maintained in line with current standards.

Delete condition 10

REASON:      That the proposed detached dwelling is acceptable in terms of design, siting, scale and appearance and would not detrimentally impact on the amenity of neighbouring residents or the character of Upper Poppleton’s Conservation Area or impact upon highway safety.  As a consequence the proposed works are considered acceptable in accordance with policies GP1, GP4a, GP9, GP10, H4a, L1C, HE2, HE3, T4 and L1c of the City of York Development Control Draft Local Plan and National Planning Guidance PPS1, PPS3 and PPG15 and the Poppleton Village Design Statement.