Agenda item

This is a full application for the erection of a 2-bedroom dormer bungalow with integral garage.  Access would be via a shared private drive from Longcroft.  The proposals would require the removal of a mature Monkey Puzzle tree and the demolition of a timber outbuilding.  The application is in effect a renewal of a previous approval (outline and reserved matters granted in 2004 and 2007 respectively), which has expired (see 04/01780/OUT and 07/01284/REM).  The proposals are unchanged. 

This application has been called in by Cllr Firth because local residents are concerned that circumstances have changed since the previous proposal was approved.[Haxby and Wigginton] [Site Visit]

Members considered a full application for the erection of a 2-bedroomed dormer bungalow with integral garage.

Representations were received from a neighbour in objection to the application. He raised concerns regarding the size of the property, its proximity to neighbouring properties and the resulting loss of privacy, the size of the turning area, potential problems in respect of an overhanging wall and the absence of a clear drainage plan. He also stated that there had been a significant change since the plans were first approved in that a conservatory had now built at a neighbouring property.

Representations were also received from the applicant’s agent in support of the application.  He stated that the application was identical to that which had previously been approved and that the owners of the property at which the conservatory had been built had been aware that planning permission had been granted for 18 The Village. Permission had recently been granted for a new house to be built in the garden of a neighbouring property and this was a similar application.

In response to concerns expressed by some Members regarding the removal of a monkey tree, confirmation was given that the tree officers judged that there was insufficient reason to justify its protection.  A photograph of the tree was circulated.

At the request of Members, Officers clarified the situation regarding recent Government changes to the planning rules in respect of “garden grabbing”.  Officers stated that the council still had to ensure the efficient use of land and commented that planning permission had been granted previously and that the site would not be classed as a garden.

Officers confirmed that the Environmental Protection Unit had no objections to the proposal.  An EPU informative could be added if the application were to be approved.

Some Members raised concerns regarding the size of the property and stated that the situation had changed since the original application had been approved.  Other Members agreed that it would be difficult to justify why the original application had been approved but was not now acceptable, particularly as the conservatory of the neighbouring property had been built in the knowledge of the planning approval having been granted and the land was suitable for development.

Councillor Firth moved and Councillor Pierce seconded a motion to refuse the application. On being put to the vote, the motion was lost.

Councillor Moore moved and Councillor Wiseman seconded a motion to approve the application subject to additional informatives in respect of EPU and drainage. 

RESOLVED:That the application be approved subject to the conditions listed in the report and the addition of the following informatives:

1.The drainage details to be submitted should include a topographical survey showing the proposed finished floor level to ordnance datum and connection to the mains drainage system.  In accordance with PPS25 and in agreement with the Environment Agency / City of York Council, peak surface water run-off from development must be attenuated to 70% of the existing rate (based on 140 l/s/ha of connected impermeable areas).  Storage volume calculations, using computer modelling, must accommodate a 1:30 year storm with no surface flooding, along with no internal flooding of buildings or surface run-off from the site in a 1:100 year storm.  Proposed areas within the model must also include an additional 20% allowance for climate change.  The modelling must use a range of storm durations, with both summer and winter profiles, to find the worst-case volume required.

2.If, as part of the proposed development, the applicant encounters any suspect contaminated materials in the ground, the Contaminated Land Officer at the council’s Environmental Protection Unit should be contacted immediately.  In such cases, the applicant will be required to design and implement a remediation scheme to the satisfaction of the Local Planning Authority.  Should City of York Council become aware at a later date of suspect contaminated materials which have not been reported as described above, the council may consider taking action under Part IIA of the Environmental Protection Act 1990.

The developer’s attention should also be drawn to the various requirements of the control of noise on construction sites laid down in the Control of Pollution Act 1974.  In order to ensure that residents are not adversely affected by air pollution and noise, the following guidance should be attached to any planning approval, failure to do so could result in formal action being taken under the Control of Pollution Act 1974.

a.All demolition and construction works and ancillary operations, including deliveries to and despatch from the site shall be confined to the following hours:

                                                Monday to Friday      8:00 to 18:00

                                                Saturday                     9:00 to 13:00

                                                Not at all on Sundays and Bank Holidays

b.The work shall be carried out in such a manner so as to comply with the general recommendations of British Standards BS 5228: Part 1: 1997, a code of practice for “Noise and Vibration Control on Construction and Open Sites” and in particular Section 10 of Part 1 of the code entitled “Control of noise and vibration”.

c.All plant and machinery to be operated, sited and maintained in order to minimise disturbance.  All items of machinery powered by internal combustion engines must be properly silenced and/or fitted with effective and well-maintained mufflers in accordance with the manufacturers instructions.

d.The best practicable means, as defined by Section 72 of the Control of Pollution Act 1974, shall be employed at all times, in order to minimise noise emissions.

e.All reasonable measures shall be employed in order to control and minimise dust emissions, including sheeting of vehicles and use of water for dust suppression.

                                    f.          There shall be no bonfires on the site.

REASON:      The proposal, subject to the conditions listed in the report, would not cause undue harm to interests of acknowledged importance, with particular reference to visual appearance, neighbour amenity, sustainability, drainage and provision of open space.  As such the proposal complies with Policies H4a, GP1, GP10, GP15, GP4a and L1c of the City of York Local Plan Deposit Draft.