Agenda item

Four no. cooling units to side elevation (Retrospective). [Dringhouses and Woodthorpe Ward] [Site Visit]

Members considered a full application from The Partners Medical Group for four cooling units to the side elevation of the surgery (retrospective).

Representations were received from the next door neighbour in objection to the application. He raised the following concerns:

·        Noise levels from units – suggested units should only be in operation between 8am and 6pm Monday to Saturday so as not to impact on residents amenity.

·        Visual impact: This is a pleasant residential area – question whether units meet character of the area.

He pointed out that when the applicants applied for planning permission last year, they did not make any statement regarding the need for air conditioning units being envisaged. He reminded members that when planning permission was granted, the Committee had agreed that 1m should be left between site and side on my house and now the units have been installed without permission in this 1m gap.

Representations were heard from Councillor Semlyen, Ward Member for Dringhouses and Woodthorpe.  She reminded Members that the units had been installed without permission thereby bypassing the planning process, which no longer left a 1m gap between the surgery and the neighbouring property. She stated that they were not in keeping with the character of the street, were unsightly from the front and closer to the road than shown on the plans recently submitted. She questioned the need for the units based on the fact they did not appear to have been in use.

Members pointed out that the medical practice had had every opportunity  to consider the need for air conditioning at the time of the original planning application but this was not raised although the application was debated very fully at committee.

They acknowledged that they could not argue whether the medical practice had a need for units or not but raised concerns that they had not been able to see (and hear) the air conditioning units in use so as to be able to assess the noise impact.

Members noted that the Environmental Protection Unit had assessed the noise from the units and were not concerned about the levels, therefore the only grounds for refusal would be visual intrusion on local residents and particularly the neighbour next door. Members noted that the units were easy to move so as to allow the neighbour access for maintenance on his property when needed.

Members agreed that a condition should be added if approved to restrict the use of the air conditioning units to 8am-6pm Monday to Friday and 8am to 1pm on a Saturday with no operation of units allowed on Sundays or bank holidays.

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

Amended Condition 2

The hereby approved air conditioning units shall only be operated between the hours of 08:00 to 18:00 Monday to Friday, 08.00 and 12.00 on a Saturday and not at all on Sundays and Bank Holidays.

Reason: In the interests of the amenities of nearby residential properties.

REASON:                  The proposal, subject to the conditions listed in the report and the amended condition above, would not cause undue harm to interests of acknowledged importance, with particular reference to the character of the are or neighbouring residential amenity. As such the proposal complies with Policy GP18 of the City of York Development Control Local Plan.