Agenda item

Part change of use from residential (Class C3) to guest house (Class C1), including two storey and single storey pitched roof side extension, detached single storey garage building.  [Bishopthorpe Ward] [Site Visit].

Members considered an application for part change of use from residential (Class C3) to guest house (Class C1) including a two storey and single storey pitched roof side extension and a detached single storey garage building.

The Planning Area Team Leader advised Members that the policy reference given for the recommendation of refusal should be changed from V1 to V3.

Representations were received from the applicant in support of the application. He informed Members that he had lived in the house for 10 years and in the village for even longer and understood the need to maintain the look and feel of the village. He advised Members that his immediate neighbours had been supportive of his plans for development and that the construction of a garage would provide parking for an extra vehicle and also storage for bicycles. He stated that, in respect of environmental issues, his hope was to be able to provide bicycles for use by guests and the nearby bus stop would provide guests with easy access to public transport.

Officers advised that, although the application site was not within the conservation area, the proximity of the conservation area needed to be considered in reaching a decision. Members discussed the reasons for refusal given in the report but did not agree that these were sufficient grounds to refuse the application. At the request of Members, the Area Team Leader circulated a list of suggested conditions which could be attached to the application if Members decided to grant it.

RESOLVED:That the application be approved subject to the conditions and informatives listed below:

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

Drawing Number 0805.4 received 25 November 2008

Drawing Number 0805.5 received 25 November 2008

Drawing Number 0805.6 received 25 November 2008

Drawing Number 0805.7 received 25 November 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            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 1990 as amended by section 51 of the Compulsory Purchase Act

 3            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.

 4            The three ground floor windows in the west elevation facing 1 Croft Court shall at all times be obscure glazed to a standard equivalent to Pilkington Glass level 3 or above and remain fixed.

Reason:  In the interests of the amenities of occupants of adjacent residential properties.

 5            The garage shall not be converted to living accommodation unless otherwise approved in writing by the Local Planning Authority.

Reason:  To ensure that there is adequate parking and storage space given the intensification of the use of the site and in the interests of the appearance of the street scene and adjacent conservation area in accordance with policy HE2 and T4 of the local plan

Environmental Health Informative

a)         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".

b)         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.

c)         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.

d)         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.

e)         There shall be no bonfires on the site.

Party Wall Informative

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. 

REASON FOR APPROVAL

The proposal, subject to the conditions listed above, would not cause undue harm to interests of acknowledged importance, with particular reference to impact upon the residential amenity of nearby properties, impact upon the visual amenity of the wider street scene and adjoining conservation area, the provision of visitor accommodation and vehicle, cycle and pedestrian access.  As such the proposal complies with Policies GP1, HE2, T4 and V3 of the City of York Local Plan Deposit Draft.