Agenda item

Erection of 2 two storey houses and 4 three storey houses with associated parking following demolition of existing public house (revised scheme). [Micklegate Ward] [Site Visit]

Members considered a full application from Mrs Suzanne Shaw for the erection of two 2 storey houses and four 3 storey houses with associated parking following the demolition of the existing public house.

 

Representations were received from the agent in support of the application. He  stated that the applicant had originally  proposed a block of flats for the site which had been rejected by planning at pre-application stage. An application was then submitted for 6 houses on the site and that no objections had been received in respect of the scheme for 6 houses until 5 months had passed.  The application was then reduced to 5 houses and the application was approved. He advised the Committee that the currently submitted revised scheme provided a better relationship between the site and neighbouring properties, and that as the penultimate house was three-storey and the end house two-storey the impact upon the adjacent facing dwelling would not be harmful.

 

Members suggested that in respect of design, the row would be more balanced with a two bed house at each end and six houses sat better visually than the 5 approved houses. They raised concerns with the existing approval that if the area at the end of the row was not built on this could potentially be used as a parking space or area where people could hang out. Members asked for clarification on what the space at the end would be used for if no house was build on it. There were advised it would be garden for the approved end house with a 1.6m boundary wall.

 

Officers advised that the additional house proposed would over-develop the site and the end elevation of the proposed house at plot 1 could be around 8.6m from the front elevation of numbers 7 and 8 Cygnet Street. They advised Members that it would be exceptional to grant a scheme with as small a separation distance as this.

 

Members acknowledged officers’ concerns regarding overdevelopment and impact on residents amenity but accepted that the area consists mainly of terraced properties and is already quite densely built up, expressing the view that one further property would not change the situation.

 

Members agreed that there would be little difference in outlook from the living room at 8 Cygnet Street between looking out onto a boundary wall or the gable end of a house

 

RESOLVED:            

 

That the application be approved subject to the following conditions.

 

1             The development shall be begun not later than the expiration of three years from the date of this permission.

 

Reason:  To ensure compliance with Sections 91 to 93 and Section 56 of the Town and Country Planning Act 1990 as amended by section 51 of the Compulsory Purchase Act 2004.

 

 

 2            The development hereby permitted shall be carried out in accordance with the following plans:-   SPD 01 H, HT 01 H

 

               Reason: For the avoidance of doubt and to ensure that the development is carried out only as approved by the Local Planning Authority.

 

 3            Materials: Notwithstanding any proposed materials specified on the approved drawings or in the application form submitted with the application, samples of the external materials to be used shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development.  The development shall be carried out using the approved materials.  The houses shall each be of the same brickwork the roof of slate roof tiles

 

               Reason:  So as to achieve a visually cohesive appearance and to ensure the building preserves the character of the area.

 

 4            A sample panel of the brickwork to be used on this building shall be erected on the site and shall illustrate the colour, texture and bonding of brickwork and the mortar treatment to be used, and shall be approved in writing by the Local Planning Authority prior to the commencement of building works.  This panel shall be retained until a minimum of 2 square metres of wall of the approved development has been completed in accordance with the approved sample.

 

               Reason:  So that the Local Planning Authority may be satisfied with the finished appearance of these details prior to the commencement of building works in view of their sensitive location.

 

 5            Large scale details of the items listed below shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development and the works shall be carried out in accordance with the approved details.

 

a)  Windows including notes on colour finish (windows to be set within reveals, sliding type and cream rather than white coloured).

b)  Dormer type windows including notes on materials

c)  Any Solar or PV panels (preferred type which are fixed flush with roof tiles)

 

               Reason:  So that the Local Planning Authority may be satisfied with these details.

 

 6            Rain water pipes shall be coloured black and service boxes, and any means of extraction and ventilation to kitchens and bathrooms shall be colour coated to blend in with brickwork, unless an alternative dark colour is agreed.

 

               Reason: In the interests of appearance.

 

 7            No development shall take place until there has been submitted and approved in writing by the Local Planning Authority a detailed hard and soft landscape scheme which shall include any hardstanding, the species, density (spacing), stock size and position of trees, shrubs and other plants. It will also include details tree pits and ground preparation. This scheme shall be implemented within a period of six months of the completion of the development. Any trees or plants which within a period of five years from the completion of the development, die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with others of a similar size and species, unless the Local Planning Authority agrees alternatives in writing.

 

               Reason: So that the Local Planning Authority may be satisfied with the overall appearance and variety, suitability and disposition of species, and quality of implementation that influences the planting’s success, since the landscape scheme is integral to the amenity of the development.

 

Note: Holly and Robinia are not suitable tree species in this case, suggested alternatives include Pyrus calleryana ‘Chanticleer’, Sorbus ‘Cardinal Royal’ or S. ‘Sheerwater Seedling’’ and /or more of the Malus and Crataegus.  Driveways to be a colour which contrasts with the brickwork on the dwellings.

 

 8            Tree protection: Prior to commencement on site, of demolition, clearance, site preparation, building or other development operations, including the importing of materials and any excavations, protective fencing shall be erected around the recommended root protection area of the adjacent ash tree in accordance with BS 5837:2005. This fencing will also include the existing grassland. Before commencement on site the protective fencing line shall be shown on a plan and agreed with the local authority in writing and subsequently adhered to at all times during development to create exclusion zones. None of the following activities shall take place within the exclusion zone or within the canopy area of existing trees: excavation, raising of levels, storage of any materials or top soil, lighting of fires, parking or manoeuvring of vehicles, mechanical cultivation. Within the exclusion zones there shall be no site huts, no marketing offices, no mixing of cement, no disposing of washings, no stored fuel, no new trenches, pipe runs for services or drains. The fencing shall remain secured in position throughout the construction process including the implementation of landscape works. A notice stating ‘protection zone - do not remove’ shall be attached to each section of fencing.

 

               Reason: To protect existing trees and that make a significant contribution to the amenity of the immediate area grassland from damage and compaction.

 

 9            Development shall not begin until details of foul and surface water drainage works have been submitted to and approved in writing by the Local Planning Authority, and carried out in accordance with these approved details.

 

               Reason:  So that the Local Planning Authority may be satisfied with these details in the interests of the proper drainage of the site, and to comply with guidance contained within Planning Policy Statement 25 (Development and Flood Risk).

 

               INFORMATIVE: 

 

               Sustainable drainage systems are preferred, and should be investigated prior to alternative approaches.  The submitted details shall incorporate the following:

 

-  Existing and proposed ground levels and drainage routes.

-  If proposed, the soakaway surface water system shall be shown to work through an appropriate assessment carried out to BRE 365 standards, to prove that the ground has sufficient capacity to accept surface water discharge and to prevent flooding of the site and surrounding land.  Should the soakaway test fail an alternative means of drainage shall be required.

-  For the alternative, peak surface water run-off from the development shall be attenuated to 70% of the existing rate, in accordance with a scheme to reduce run-off to be submitted to and agreed in writing by the Local Planning Authority (based on 140 l/s/ha of connected impermeable areas).  The scheme submitted shall include storage volume calculations, using computer modelling, allowing for 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 shall also include an additional 20% allowance for climate change.  The modelling shall use a range of storm durations, with both summer and winter profiles, to find the worst-case volume required.  Details of run-off rates including calculations of both the existing and proposed rates shall also be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development.

 

10           No work shall commence on site until the applicant has secured the implementation of a programme of archaeological work (a watching brief on all ground works by an approved archaeological unit) in accordance with a specification supplied by the Local Planning Authority.  This programme and the archaeological unit shall be approved in writing by the Local Planning Authority before development commences.

 

               Reason:  The site lies within an Area of Archaeological Importance and the development will affect important archaeological deposits which must be recorded during the construction programme.

 

11           No gate shall be fitted so as to open outwards over the adjacent public highway.

 

               Reason:  To prevent obstruction to other highway users.

 

12           The development hereby permitted shall not be occupied until the following highway works (which definition shall include works associated with any Traffic Regulation Order required as a result of the development, signing, lighting, drainage and other related works) have been carried out in accordance with the approved plans, or arrangements entered into which ensure the same.

 

-  Adoption of highway (footpaths to northeast and northwest of site). 

-  Removal of site from residents parking zone.

 

(See informatives for further information)

 

Reason: In the interests of the safe and free passage of highway users.

 

13           The development shall not be occupied until all existing vehicular crossings not shown as being retained on the approved plans have been removed by reinstating the kerb to match adjacent levels.

 

               Reason:  In the interests of good management of the highway and road safety.

 

14           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, B, D, E, F of Schedule 2 Part 1 of that Order shall not be erected or constructed.

 

               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.

 

15           No walls or fences other than those shown on the approved plans that would be over 1m high shall be added without planning permission.

 

               Reason: In the interests of appearance and highway safety.

 

REASON:                 

The proposal, subject to the conditions listed above, would not cause undue harm to interests of acknowledged importance, with particular reference to the loss of a community facility, provision of open space and education facilities in the area, design, amenity, archaeology and highway safety.  As such the proposal complies with Policies GP1, C3, L1C, ED4, H4, HE10 of the City of York Development Control Local Plan.