Agenda item

This application is for the creation of 2 two storey dwellings to the rear of 95 and 97 Heslington Lane [Fishergate] [Site Visit]

Members considered a full application for the creation of 2 two storey dwellings to the rear of 95 and 97 Heslington Lane.

An adjacent resident made representations in opposition to the proposal. He stated that the proposed development would overshadow his property, which would result in a reduction of natural light.  He added to this that in his view a scientific daylight/sunlight assessment on the effect of the proposed dwellings on neighbouring properties should be requested. He finally stated that if the proposal was erected in an alternative location as a single storey bungalow it would have less impact on the character and amenity of Barmby Avenue.

The Architect of the proposed dwelling spoke on behalf of the applicant, who was not in attendance.  He circulated a diagram to members, the neighbour in opposition and the Ward Member showing the proposed dwellings in relation to 3 Barmby Avenue and pointing out that the nearest dwelling would not breach a line drawn at 45 degrees from the nearest window.

Councillor D’Agorne spoke as Ward Member and expressed his concerns to Members about allowing the development. He stated that the growing number of landlord owned student properties in the area was adversely affecting the lives of local residents. He added that in relation to parking issues, in a previous application for a two storey extension at 97 Heslington Lane included a double garage within the application site for the proposed dwellings, raising concerns that parking provision for the existing dwelling may not be adequate.  He was concerned that the previously intended layout was now being changed. He also added that the orientation of the proposed dwelling would mean that there would be a variance in light levels between the winter and summer months. He urged the committee to reject the application on the grounds of harm to the surrounding area.

The Officer responded to the representations in opposition to the proposal and the Ward Member by stating that the previous application for 97 Heslington Lane, had not included the erection of the double garage. He added that Highways Officers were satisfied that parking standards would be met.

In response to Members queries in relation to daylight/sunlight assessments, the Officer stated that such assessments are not a statutory requirement but are a local requirement introduced by Council’s within North Yorkshire, and are only required in relation to developments that are within 2 metres of a residential boundary and are higher than a single storey. This was not the case with the present application.

Councillor Watt asked that his vote against the approval be recorded.

RESOLVED:             That the application be approved subject to the conditions listed in the Officer’s report and the following additional condition.¹

                                    Condition 16- Unless otherwise agreed in writing by the Local Planning Authority, a minimum of 5% of the expected energy demand for the development hereby approved shall be provided through on site renewable generation for heat and/or electricity.  Prior to the commencement of development, a statement outlining how this is achieved shall be submitted to and approved in writing by the Local Planning Authority.

                                    Reason: To ensure that the development is sustainable and accords with Policy GP4a of the Draft City of York Local Plan and the City of York Interim Planning Statement on Sustainable Design and Construction.

REASON:                  In the opinion of the Local Planning Authority, the proposal, subject to the conditions listed above, would not cause undue harm of acknowledged importance, with particular reference to the principle of development, density and type, character and amenity, residential amenity, archaeology, access, parking provision and highway safety, flood risk and drainage, public open space and education provision. As such the proposal complies with national advice contained in Planning Policy Statement 1: Delivering Sustainable Development (PPS1), Planning Policy Statement 3: Housing (PPS3), Planning Policy Guidance Note 13:Transport (PPG13) and Planning Policy Statement 25: Development and Flood Risk (PPS25) and Policies SP6, H4A, H5A, GP1, GP4A, GP10 and HE10, LC andT4 of the City of York Development Control Local Plan (incorporating 4^th set of changes, April 2005).

                                    INFORMATIVE: You are advised that prior to starting on site consent will be required from the Highway Authority for the works being proposed, under the Highways Act 1980 (unless alternatively specified under the legislation listed below). For further information please contact the officer named:

                                    Vehicle Crossing – Section 184 – Stuart Partington (01904) 551361.