Agenda item

This is an outline planning application for the redevelopment of kennels and cattery to provide three detached dwellings. [Strensall Ward] [Site Visit]

Members considered an outline planning application for the redevelopment of  a Kennels and Cattery to provide three detached dwellings.

Officers advised Members of the following information:

• Since the report was written, the Council’s drainage department had objected as a result of insufficient information to enable the impact of the proposals on existing drainage systems to be properly assessed.
• The distance from the houses to the south from the kennel block is 55.5m.
• In respect of noise complaints, the Council’s Environmental Protection Unit’s database which has records to 2003, there has been only one registered complaint, which was in 2008.
• The Licensing regime is only concerned with animal welfare and not hours of operation.
• Members were reminded of Green Belt policy and whether there were any very special circumstances that are considered to outweigh the harm by definition to the Green Belt.

Representations in support of the application were heard from the applicants agent. He advised that the application had been developed as a result of a decline in business in recent years. Due to the development of a housing estate to the North of Earswick, dwellings now lie within approximately 50m of the site, making it difficult to run the business as a kennels. He felt that the proposals would not cause harm to the Green Belt and that there had been no objections from the community. The plans are indicative and are open to discussion. He advised that in his opinion, the site is sustainable.

Members raised concerns regarding the shared driveway which would serve the proposed dwellings and the fact that the driveway runs close to the ground floor windows of the existing dwelling. They also expressed concern about development in the Green Belt and felt that there were no very special circumstances to justify the proposal.

RESOLVED:             That the application be refused.

REASON:                  1.It is considered that the proposal to erect three new houses on a site outside the defined settlement limit of earswick and within an area identified in the York Green Belt Appraisal (February 2003) as a coalescence buffer, would constitute inappropriate development that, by definition, would be harmful to the Green Belt. Additional harm would be caused to the Green Belt by reason of the change in the open and rural character and appearance of the site and would be contrary to the purposes of including land within the Green Belt. It is accepted that the removal of a noise source with the potential for disturbance to local residents is capable of constituting very special circumstances, to be weighed against the identified harm to the Green Belt. On balance, however it is considered that this benefit does not justify the erection of three detached houses and does not clearly outweigh the harm caused to the Green Belt by reason of inappropriateness and additional harm to its open character and appearance and the purposes of including the land in the Green Belt. The proposal is, therefore contrary to national planning policy contained in Planning Policy Guidance Note 2: “Green Belts” and local planning policies GB1 and GB6, contained in the City of York Draft Development Control Local Plan (incorporating fourth set of changes).

                                    2.The proposal would involve the shared use of the driveway that serves the existing dwelling and its associated business by the separate and unrelated occupiers of the proposed three houses. This driveway runs along the side gable of the existing dwelling in close proximity to ground floor habitable room windows. As a result, there would be the potential for increased levels of noise and disturbance to the detriment of the residential amenity of the future occupiers of this existing dwelling and the quality of their immediate environment. The proposal would therefore conflict with Policy GP1 (paragraph I) of the City of York Draft Development Control Local Plan and the objectives of Central Government advice contained within Planning Policy Statement 1 ‘Delivering Sustainable Development’ and Planning Policy Statement 3 ‘Housing’ which seek to achieve a high quality residential environment.