Agenda item

This application is for the erection of 21 houses, 12 of which would contain three bedrooms and 9 would have 2 bedrooms. The application also includes    associated parking, access and the erection of a single storey detached boiler house. [Clifton] [Site Visit]

Members considered a major full application (13 weeks) from Mr Andy Kerr for the erection of 12 three-bed dwellings and 9 two-bed dwellings with associated parking, access and a single storey detached boiler house.

Officers provided an update to Members, relating to conditions that they recommended should be added to the application, if it was approved. This was circulated to Members and attached to the agenda following the meeting. The agenda was then republished to include the update.

The conditions proposed related to a suitable drainage system being installed, the upgrading of the proposed Public Right of Way (PROW), the control of emissions from the biomass plant to ensure there is no detrimental impact on air quality and achievement of Code for Sustainable Homes Level 5.

In response to Members’ questions regarding the Public Right of Way, Officers indicated that the applicant proposed to create a new footpath and that the condition relating to the PROW would be altered to reflect this should the application be approved.

Representations were heard from a contractor working for the applicant.

Members asked the contractor about the proposed diversion of the footpath, the site access and the viability of the use of weatherboarding on the site. He indicated that the new line of the footpath would be upgraded to whatever standards were required by the Highway Authority, including lighting if required. Regarding the weatherboarding, he indicated that this would be manufactured from a robust material and had been used on other developments and had a significant lifespan.

Some Members indicated that they had reservations regarding the development of the site as the land was originally intended to be kept as open space for use by the community. However, they accepted that there was a need to provide affordable homes.

RESOLVED:             That the application be approved subject to the conditions listed in the report and amended conditions to read;

(i)      Prior to the commencement of development details of foul and surface water drainage works shall be submitted to and approved in writing by the Local Planning Authority, the development shall be carried out in complete in accordance with the approved details.

Details to be submitted for approval include;

Calculations and invert levels of the existing surface water system should be provided together with details to include calculations and invert levels of the proposals for the new development. This will enable the impact of the proposals on the downstream watercourse to be assessed.

The applicant should provide a topographical survey showing the existing and proposed ground and finished floor levels to ordnance datum for the site and adjacent properties. The development should not be raised above the level of the adjacent land, to prevent runoff from the site affecting nearby properties.

Existing and proposed surfacing should be specified.

Additional surface water shall not be connected to any foul / combined sewer, if a suitable surface water sewer is available.

Yorkshire Water shall be consulted with regards to the diversion of their existing sewer and easement requirements. Diversion route should be in land within the applicant’s control/ownership.

In accordance with PPS25 and in agreement with the Environment Agency / IDB / City of York Council, peak run-off from developments must be attenuated to 70% of the existing rate (based on 140 l/s/ha of connected impermeable areas). Storage volume calculations, using computer modeling, 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 modeling must use a range of storm durations, with both summer and winter profiles, to find the worst-case volume required.

 If existing connected impermeable areas not proven then a Greenfield run-off rate based on 1.4 l/sec/ha shall be used.

 Details shall be provided of the future management / maintenance of the proposed drainage scheme.

Reason:    So that the Local Planning Authority may be satisfied with these details for the proper drainage of the site to comply with guidance contained within Planning Policy Statement 25 (Development and Flood Risk) and that provision has been made to maintain the proposed drainage system.

(ii)               Within three months of the successful diversion of the Public Right of Way crossing the application site, details of a full package of improvement works to the footpath to the north of Bur Dike (identified as ‘Proposed Relocated Public Right of Way on the approved plans) shall be submitted to and approved in writing by the Local Planning Authority.  The improvement works shall be carried out in complete accordance with the approved details prior to the first occupation of any dwelling on the site. 

Reason:    In the interests of the amenity of users of the Public Right of Way and  to promote sustainable travel in accordance with local and national transportation policy.

(iii)             Emission rates from the biomass plant shall not exceed 24.2 g/h NOx and 3.0 g/h PM10 at any time.

Reason:    To ensure there is no detrimental impact on air quality.

(iv)              The top of the stack exhaust shall sit 5m above ground level unless otherwise agreed in writing with the Local Planning Authority.

Reason:    To ensure adequate dispersion of boiler emissions to protect air quality.

(v)                Within six months of the completion of the development a Code Post Construction Assessment and Certificate shall be submitted showing that the development achieved Code for Sustainable Homes Level 5 rating.

Reason:  To promote sustainable development.

REASON:                  The proposal, subject to the conditions listed in the report and the amended conditions listed above, would not cause undue harm to interests of acknowledged importance, with particular reference to: the principle of development; impact on neighbouring amenity; impact on the character and appearance of the area; traffic and car and cycle parking; drainage and flooding; landscaping and natural habitat; sustainability; and open space. As such the proposal complies with Policies GP1, GP3, GP4a, GP15a, H3c, H4a, H5a, and L1c of the City of York Development Control Local Plan.