Agenda item

Single storey dwelling with rooms in roof to rear of 14 Copmanthorpe Lane [Bishopthorpe Ward] [Site Visit]

Members considered a full application from Mr Mike Cross for a single storey dwelling with rooms in the roof, to the rear of 14 Copmanthorpe Lane.

Officers advised the Committee that they had received a response from the Parish Council to the revised plans (October 2009). This response raised the following concerns:-

• “Detached bungalow style does not match the neighbouring semi-detached dwellings. The surrounding dwellings are set back from the road with a front garden. The proposal does not reflect this style
• Dominate outlook from 12 Kirkwell
• Cause overshadowing of 12 Kirkwell
• Proposal would appear overdeveloped
• Proposals for waste storage could cause nuisance to 14 Copmanthorpe Lane
• Elevations and plans fail to show the existing gate from Kirkwell
• The hedge is described as 2.5 metres in height and would obscure the proposed dwelling by dense foliage. The hedge is in fact spare along its length and the property would be visible.”

They also reported that a further objection had been received on 19 January from the occupants of 10 Kirkwell which raised the following issues:-

• Siting of driveway opposite 12 Kirkwell
• The height and scale of the building will cause overshadowing
• Road congestion existing from school traffic
• Out of character with the area and would be overdevelopment
• Development would impact on outlook and privacy
• Create traffic movements that are dangerous
• Kirkwell was not intended to accommodate properties on both sides

They also stated that an objection had also been received on the same date from the occupant of 8 Kirkwell which asked that, should be application be approved, the following issues be taken into account:-

• Site traffic be restricted to the hours of 9am to 6pm Monday to Friday and include a break between 3pm and 4pm for school pickups.
• That site traffic is restricted to Monday to Friday, and excludes Saturday and Sunday and Bank Holidays
• That site vehicles, skips and site materials are securely stored off the highway and are restricted to the development plot itself.
• Would request frequent road cleaning to prevent the build up of dirt and debris from any building site.

Representations were received from a neighbour living in Kirkwell in objection to the application. She raised the following points:

• Road safety issues - Road designed for current layout of properties - Width of road and volume of parked cars causes difficulties in manoeuvring
• No space to manoeuvre vehicles on the site therefore vehicles would be reversing out of site blind into cul-de-sac due to hedge on either side of driveway.
• Concerns about site traffic entering/leaving site due to proximity of school & football club
• Impact on privacy of existing residents - gardens overlooked

Representations were received from a further neighbour in Kirkwell, also in objection. She stated that:-

• Development is appropriate and would have a harmful effect on residential amenity
• It is, in effect, a 2 story building which will harm the outlook for existing residents
• The building design is of poor quality – very basic with little architectural interest
• The site not large enough for proposed building and would create a sense of enclosure for the houses opposite

Representations were received from the applicant’s agent, in support of the application and he expressed the following points:-

• Worked with officers on design and development has been reduced in size since previous application.
• Meets sustainability requirements,
• Scale and design are appropriate.
• New building will make no difference to existing traffic situation in road once built.
• No impact on light to adjacent property.

Representations were also received from a representative of Bishopthorpe Parish Council who stated:-

• He did not believe that the design enhances or respects local environment.
• Existing Kirkwell houses have gardens and space around them whereas this would appear crammed in with little space around it.
• He had concerns that more detailed plans were not available and asked Members to refuse application or defer until all plans were available.

Members asked for clarification on the width of the road in order to determine the distance between front of existing properties and proposed development. Officers advised that this was 14.1m from living room window to living room window. They confirmed that the only windows on proposed building which faced Kirkwell were at ground floor level and that a condition would require the hedge to remain in place for privacy reasons.

A Member raised concerns over the principle of development on site and the type of property on the site and argued that this constituted overdevelopment and overmassing on the site.

Members agreed that the new application took into account many of the problems which had been raised when the previous application was determined. They also agreed that they did not feel that issues over parking and manoeuvring into/from the site were grounds for refusal and were of the opinion that the site was large enough to support this development.

RESOLVED:             That the application be approved (with delegated authority) subject to the conditions listed in the report and the amended and additional conditions below.

Amended condition 12

With the exception for the vehicle access specified on Drawing Number TD06-08 received 8 December 2009, the hedge adjacent to the boundary with Kirkwell shall not be removed. The hedge shall be retained at a minimum of 1.9 metres in height. 

Reason: To protect the visual amenity of the streetscene.

Additional Condition 15

The hours of construction, loading or unloading on the site shall be confined to 8:00 to 18:00 Monday to Friday, 9:00 to 13:00 Saturday and no working on Sundays or public holidays.

Reason: To protect the amenities of adjacent residents.

Additional Condition 16

Prior to the development commencing details of the measures to be employed to prevent the egress of mud, water and other detritus onto the public highway, and details of the measures to be employed to remove any such substance from the public highway shall be submitted to and approved in writing by the Local Planning Authority. Such measures as shall have been approved shall be employed and adhered to at all times during construction works.

Reason:  To prevent the egress of water and loose material creating a hazard on the public highway.

REASON:                  The proposal, subject to the conditions listed in the report and the amended and additional conditions 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 dwelling and the locality, and highway safety. As such, the proposal complies with Policies GP10, H4a and GP1 of the City of York Council Development Control Local Plan (2005); and national planning guidance contained in Planning Policy Statement 1  "Delivering Sustainable Development".