Agenda item

This is a reserved matters application pursuant to an outline planning permission for the erection of nine houses granted in July 2010 (10/00750/OUT). [Haxby & Wigginton Ward] [Site Visit]

The previous application had been called in for determination by the Committee by Councillor Firth.

Members considered a reserved matters application by Daniel Gath Homes Ltd for the erection of nine dwellings with associated access and parking.

In their update, Officers informed Members that the roof pitch of the garage at Plot 4, on the north west of the site, would be reduced and that this would then lessen the visual impact on properties at numbers 23 and 25 Steeple Close. It was also suggested, that if Members were minded to approve the application, that the formulation of landscaping conditions be delegated to Officers. Members were informed that three of the proposed dwellings would have internal garages.

Representations in support of the application were received from the applicant. He referred to the positive responses from consultation with neighbours in relation to the application. He added that there had been one objection to the removal of a conifer hedge along the boundary, but that the hedge would be replaced with native specimens.

Representations in objection were received from the Chair of Wigginton Parish Council. He considered that the road should be constructed to an adoptable standard and should incorporate streetlighting.  He also felt that there was inadequate provision for garages, recycling, deliveries and parking for the new properties. In his opinion, the development could increase traffic problems on Mill Lane and that the application constituted overdevelopment.

Representations were received from the Ward Member, Councillor Cuthbertson. He outlined a number of concerns which included; that the nine dwellings would be in particularly close proximity to neighbouring properties, that due to the height difference that the dwellings would overlook these properties and that there had been notorious drainage problems on the site. He also added that he was concerned about access on to the site as the existing access went on to the public highway and was opposite to a layby.

Officers clarified to Members the issues that could be considered under a reserved matters application, and stated that they were confident that soakaways would be an acceptable drainage solution as a successful  percolation test had taken place, witnessed by Council Officers. Full details of drainage would still need to be submitted for approval.

The applicant spoke about the location of the house on plot 4, and stated that it was placed in a corner position to avoid the house being closer to the adjacent property, rather than the garage.

Councillor Firth, as the Member who called in the application for consideration by the Committee, highlighted the reasons why he wished for it to be considered. He felt that the development would increase movement on to the main highway and that the access for recycling was not adequate and that there was a potential for the drainage system to fail.

In relation to drainage issues, the applicant advised Members that processes to reduce the flow of water from the hardstanding would be investigated. Some Members suggested that a condition, for a watching brief on trees on the site should be added to approval, in order to prevent damage to the trees during development of the site.

RESOLVED:       That the application be approved, subject to;

-      The receipt of final landscaping proposals from the applicant.

-      An additional condition relating to the removal of permitted development rights from Plots 1 and 4 as detailed below;

(i)                          Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting that Order), development of the type described in Classes A and E of Part 1 of Schedule 2 to that Order shall not be erected or constructed within the curtilage of the dwellings numbered 1 and 4 on the plans hereby approved.

Reason:              In the interests of the amenities of the adjoining residents the Local Planning Authority considers that it should exercise control over any future extensions or alterations which, without this condition, may have been carried out as "permitted development" under the above classes of the Town and Country Planning (General Permitted Development) Order 1995.

REASON:           The proposal, subjected to the conditions listed above and in the Officer’s report, would not cause undue harm to interests of acknowledged importance, with particular reference to:

                             -Impact on Protected Trees

                             -Access and Highway Safety

                             -Design and Street Scene

                             -Neighbour Amenity

                             -Flood Risk and Drainage

                             -Bio Diversity

                             -Sustainability

                             -Public Open Space

                             As such the proposal complies with policies GP1, GP4a, GP15a, NE1 and L1c of the City of York Local Plan Deposit Draft.