Agenda item

Erection of 2 no. two storey detached dwellings with carports (resubmission) [Acomb Ward] [Site Visit]

Members considered a full application from TAGA Homes Ltd for the erection of 2 two-storey detached dwellings with carports (resubmission)

Officers advised Members of a correction to the report and stated that seven neighbour objections had been received instead of the six as noted in the report.

They stated that a further objection had been received from Councillor Tracey Simpson-Laing, Ward Member for Acomb. Her grounds for objection were as follows:

• The massing and proximity of the proposed houses in relation to adjacent bungalows resulting in a domineering development with a loss of light and privacy to neighbours. Allowing a separation below 21m sets an unhealthy precedent.
• Damage to the hedge. The comments of the Tree Officer should take precedence, should the development go ahead the car port should be removed to allow 6m distance between any construction and the hedge with a consequent change to the wording of condition 6.
• Drainage – the application should not have been referred to sub-committee without drainage details

A letter detailing her concerns in full had been circulated to all Members of the Committee in advance of the meeting, as she was unable to attend the meeting to speak herself.

Objections had also been received from a neighbour in Carnoustie Close on the following grounds.

• Past land use – land is contaminated – an independent survey and process for remedial action is required
• Drainage – soakaways have not been shown to be feasible, connection to the surface water sewer should be made if capacity exists.
• An as-built survey should be undertaken to verify finished rood height.

In respect of drainage, Officers advised that surface water would drain to the surface water sewer instead of soakaways.

Officers advised that condition 2 should be amended to “Proposed site layout – Revised H Date stamped 19/10/2009 and that Condition 5 should be amended to add class E (garden buildings and structures) and refer to tree and hedgerow protection in the reason for the condition. Furthermore, an additional condition was advised to cover construction and demolition or refurbishment works and ancillary operations including deliveries to the site and despatch from the site.

Representations were received from a gentleman who spoke on behalf of his mother, a close neighbour and residents of Carnoustie Close and Lochrin Place. He drew Members attention to the following concerns

• the height level of the site in relation to surrounding properties
• the scale of the proposed development and overbearing effect on neighbours’ properties
• loss of amenity for residents

Representations were also received from the agent in support of the application. He raised the following issues.

• Liaison had taken place with planning officers to resolve previously identified issues and a sensible compromise had been reached
• The application site is a Brownfield site which takes precedence for development over Greenfield sites
• Site is of adequate size and density of development is suitable
• Trees do not overhang the site and the hedge will remain in position
• Car port is of light construction and will not impact on hedge or trees
• Careful consideration has been given to the design of houses
• There is no issue of overlooking

Representations were also heard from the Chairman of the Acomb Planning Panel in objection to the application. He advised Members that the Panel would like to see this piece of land developed but raised the following concerns about the proposed development:

• the proposed houses do not fit in with the character of existing neighbouring properties
• Houses would overlook bungalows in Carnoustie Place and gardens in Melander Close
• Loss of sunlight to neighbouring properties
• Possibility that carports may be converted into garages in future
• Query whether previous use of builders yard shed for pine stripping  had been taken into consideration.

Members asked for further information on light issues and considered a copy of the light assessment which had been produced which indicated that shadow that would be cast was from existing trees not buildings.

RESOLVED:             That the application be approved subject to the conditions listed in the report and the amended and additional conditions below. 1

Amended Condition 2

The development hereby permitted shall be carried out only in accordance with the following plans and other submitted details:-

(i) Proposed plans and elevations - T/17/03/ST09 Revision G received 26/08/2009

(ii) Proposed site layout - T/17/02/ST09 Revision H received 19/10/2009

or any plans or details subsequently agreed in writing by the Local Planning Authority as an 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.

Amended Condition 5

Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting that Order), development of the type described in Classes A, B, C or E of Schedule 2 Part 1 of that Order shall not be carried out without the prior written consent of the Local Planning Authority.

Reason:  In the interests of the amenities of the adjoining residents and tree and hedgerow protection the Local Planning Authority considers that it should exercise control over any future extensions or alterations which, without this condition, may have been carried out as "permitted development" under the above classes of the Town and Country Planning (General Permitted Development) Order 1995.

Additional Condition 21

All construction and demolition or refurbishment works and ancillary operations, including deliveries to the site and despatch from the site shall only be carried out between the hours of 08.00 and 18.00 Mondays to Fridays and 09.00 to 13.00 on Saturdays and not at all on Sundays and Bank Holidays.

Reason: To safeguard the amenities of local residents

REASON:                  The proposal, subject to the conditions listed in the report and the amended and additional conditions listed above, would not cause undue harm to interests of acknowledged importance, with particular reference the residential amenity of the neighbours, the visual amenity of the locality, highway safety. As such, the proposal complies with policies GP1, GP10, GP15a, H3c, H4a, H5a, L1c and T4 of the City of York Local Plan Deposit Draft and the Council's Interim Planning Statement: Sustainable Design and Construction; national planning guidance contained in Planning Policy Statement 1  " Delivering Sustainable Development " and  Planning Policy Statement 3 " Housing.