Agenda item

Erection of 2no. dwellings with access from St Mary's following demolition of existing garage block [Guildhall Ward] [Site Visit]

Members considered an outline application for the erection of two dwellings with access from St Mary’s following the demolition of an existing garage block.

Officers stated that the applicant had provided them with further information regarding the usage of the parking area and garage as follows. Of the eight garages, one is rented to a part-time member of staff for two days a week, another is periodically used by the school GP and the remainder are vacant. In terms of parking spaces one is used on an occasional basis by a former house master of Penn House who will shortly move out, one is rented to an external tenant who has been given notice to quit and one is rented by a Sixth Form student who is shortly to leave the school.

Officers advised that Condition 6 be substituted with an amended condition relating to surface water drainage works and that additional conditions be proposed relating to the height of the proposed development and the level of the land.

Officers circulated e-mail correspondence from a local resident, who also spoke at the meeting, which drew to the Committee’s attention to issues including the type of application put forward, the development land, parking for future use of Penn House, the height of proposed buildings, the materials which have been proposed and drainage issues. (A copy of this correspondence has been attached to the online agenda published for this meeting)

Representations were heard from a local resident in objection to the application. He made the following points:

• the application land had formed part of curtilage of Penn House for centuries – the land was part of house and gardens so should be dealt with as such.
• Penn House (whether its future use is hotel, offices or dwellings) would have to function without parking, which would impact on residents parking in the area.
• The application is premature until Bootham School come forward with full proposals for Penn House.
• A comprehensive full application is needed rather than an outline application
• The proposed development would harm the conservation area.

Representations were also received from a representative of St Mary’s Conservation Group in objection to the application. He raised the following issues:

• Proposed design creates overdevelopment and harms openness of area  – green artery is lost
• Inadequate parking for each dwelling
• Loss of 7 car parking spaces and 8 garages
• Lack of sustainability features proposed
• Future use of Penn House is unknown – 15 car parking spaces will be lost if application approved therefore no parking for future users of Penn House.
• Scheme does not enhance or preserve existing conservation area.

Representations were also received from the agent in support of the application. He put forward the following points.

• Original proposals for a terrace of three town houses had been reduced in size to the current proposals and design amended.
• York Conservation Area Advisory Panel raised no objections to the proposal nor did the Guildhall Planning Panel.
• Application site is separate from Penn House and it has always been separated by an access lane therefore the issue of parking for Penn House is not relevant.

The agent responded to Members queries regarding the current use of the garages.

Members acknowledged that whatever Penn House is used for in future, it is likely to require planning permission and that if this application was approved, Penn House would be left with no parking and that would be considered at the time of any future application. However they raised no objections to this application and agreed it was a good use of space and a design suitable for the location. They acknowledged that access was narrow but not impossible and stressed the need to ensure that correct materials are used for the construction.

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

 Amended Condition 6

Surface water drainage works shall be carried out in strict accordance with the Site Drainage Strategy by Alan Woods and Partners dated 12/07/2010 and to Block Plan Drawing Ref:-BSPH-133-P3 by McNeil Beechy O'Neil dated 12/07/2010.

Reason:- To secure the safe and efficient drainage of the site and to ensure compliance with Policy GP15a) of the York Development Control Local Plan.

Additional Condition 13

Notwithstanding the information contained on the approved plans, the height of the approved development shall not exceed 6 metres from ground level to the ridge , as measured from existing ground level. Before any works commence on the site, a means of identifying the existing ground level on the site shall be agreed in writing, and any works required on site to mark that ground level accurately during the construction works shall be implemented prior to any disturbance of the existing ground level. Any such physical works or marker shall be retained at all times during the construction period.

Reason: to establish existing ground level and therefore to avoid confusion in measuring the height of the approved development, and to ensure that the approved development does not have an adverse impact on the character of the surrounding area.

Additional Condition 14

The development hereby authorised shall not be raised above the level of the land adjacent.

Reason:- To ensure that run-off from the development site will not adversely affect adjoining properties and to secure compliance with Policy GP15a) of the York Development Control Local Plan

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 to impact upon the character and appearance of the Historic Core Conservation Area;impact upon the setting of adjacent Listed Buildings; impact upon the residential amenity of neighbouring properties; impact upon mature trees and landscaping fringing the site; impact upon the safety and convenience of Highway users; impact upon the local pattern of surface water drainage. As such the proposal complies with Policies H4a),HE2, HE3 ,L1c); GP1 ; GP4a) GP15a) GP10 of the City of York Development Control Local Plan.