Agenda item

24 Heworth Green, York YO31 7UG (09/02081/FULM)

Application for a new planning permission to replace an extant planning permission, in order to extend the time limit for implementation of application ref: 09/00632/FUL by a further three years (Mixed scheme use for residential development and offices consisting of a maximum of 12 two bedroom apartments, a maximum of 6 two bedroom houses, a maximum of 60 three bedroom houses and a maximum of 41 four bedroom houses unless otherwise agreed in writing by the Local Planning Authority) [Heworth Ward].

Minutes:

Consideration was given to a major full application, submitted by the National Grid, for a new planning permission to replace an extant planning permission, in order to extend the time limit for implementation of application ref: 09/00632/FUL by a further 3 years for a mixed use scheme for residential development and offices. This would consist of a maximum of 12 two bedroom apartments, a maximum of 6 two bedroom houses, a maximum of 60 three bedroom houses and a maximum of 41 four bedroom houses unless otherwise agreed in writing by the Local Planning Authority.

 

Officers updated the Committee on various aspects of the application including:

  • Amendment to the description to read ‘Application for a new planning permission to replace an extant planning permission, in order to extend the time limit for implementation …..by a further two years’
  • Clarification that this shorter period had been agreed with the applicant and would require a reserved matters application to be submitted within a period of two years from the date of the new planning permission. It was also confirmed that if the reserved matters application was not submitted within the two year period, that the original permission would then lapse and a completely fresh application would be required.
  • Yorkshire Water Authority had raised no objections but had advised that their previous comments and recommendations were still relevant and they had requested that the new permission be conditioned accordingly.
  • It was reported that no responses had been received from local residents.
  • Any approval would be subject to a variation of the existing Section 106 Agreement to encompass the new permission, in order to carry forward the financial contributions and other requirements of the previous permission.
  • Details of an issue which had arisen in relation to the Certificate of Ownership in that one of the owners of the site had originally been omitted. Notice had now been served on Northern Gas Networks on 5 February, as the additional owners, which meant that it would be necessary to delay the issuing of the decision until at least 26 February.
  • Legal Briefing note which explained the new procedure for the extension of time limits for implementing existing planning permissions which had been brought into force by statutory instrument on 1 October 2009.

 

Members then commented and queried the following aspects of the application:

·        Lighting along Gas Alley adjacent to the site. Officers confirmed that when detailed proposals for the site were received they could look at how the path related to the site but pointed out that the Secure by Design condition, which formed part of this approval, also covered lighting, surveillance etc.

·        Details of the Section 106 obligations and the various trigger points for meeting these. Officers confirmed that they would email the details to Members. 1.

·        Community space, which it was confirmed, was the same as had been proposed in the earlier application. It was pointed out that as this was an extension of time application it would be inappropriate for Members to revisit the conditions and make amendments if there had been no material change to policy or to other material considerations since the original grant of permission in 2009.

·        Timescales in bringing the application forward and the need for improved security on site.

 

The applicant’s representative, who was in attendance to answer any questions, confirmed that she would request the site owners to examine possible improvements to site security. She stated that the applicants would shortly begin negotiations with Northern Gas Networks to arrange for the removal of the on site gas holder but that by the end of the year they hoped to be in a position to market the site to a house builder with implementation of the scheme following shortly after.

 

Following further discussion it was

 

RESOLVED:             That the application be approved subject to no material objections being received from Northern Gas Networks by 26 February 2010, the imposition of conditions as listed in the report and to the applicant entering into a Section 106 Agreement, subject to the replacement of the work ‘except’ with ‘accept’ in the third line of the third paragraph of Informative 2 in relation to surface water discharge.

 

 

REASON:                  In the opinion of the Local Planning Authority the proposal, subject to the conditions listed, would not cause undue harm to interests of acknowledged importance, with particular reference to the principle of mixed use development, affordable housing, environmental impact assessment, land contamination, air quality, noise, dust and odours, health and safety, highways and traffic considerations, design issues, the effect on the conservation area, archaeology, residential amenity, ecology, sustainability, open space provision, crime prevention, impact on education provision, flood risk and drainage, telecommunications and utilities. As such the proposal complies with Policies YH4, Y1, ENV9, ENV12, H4 and H5 of the Regional Spatial Strategy (RSS) for Yorkshire and the Humber (2008), and Policies GP1, GP3, GP4A, GP4B, GP5, GP6, GP7, GP9, GP13, GP15, NE1, NE3, NE6, NE7, HE2, HE3, HE10, HE11, T2A, T2B, T4, T5, T7C, T13A, T20, H2A, H3C, H4A, H5A, E3B, E4, ED4, L1C, SP3, SP6, SP7A and SP8 of the City of York Local Plan Deposit Draft (2005). The proposal would also comply with advice in PPS1, PPS Supplement, PPS3, PPG4, PPS9, PPG13, PPG15, PPG16, PPG17, PPS23, PPG24, PPS25.

Supporting documents:

 

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