Agenda item

This is a full application for the conversion of a shop to 8 bedroom house in multiple occupation. It also includes alterations to building including replacement of shop frontage and insertion of new windows/doors, alterations and extension of existing garage and use as self-contained dwelling. Provision of vehicle and cycle parking area within rear garden. (resubmission) [Fulford] [Site Visit]

Members considered a full application, received from Mr. Justin Heaven, for the conversion of a shop to an 8 bedroom house in multiple occupation. Alterations to the building, including the replacement of the shop frontage and insertion of new windows and doors. Alterations and extension of existing garage and use as a self contained dwelling. Provision of vehicle and cycle parking area within rear garden (resubmission).

Officers displayed plans of the scheme and updated the Sub-Committee with the following information:

·        Receipt of objections from Fulford Parish Council.

·        Highways had no objections to the scheme but had requested a condition regarding car and cycle parking.

·        An additional informative to drawing the applicants attention to requirements of Control of Pollution Act.

·        Reports had been submitted by the applicant’s agent in respect of acoustic and contamination, although the Officers report indicated they had not.

Representations in objection were then received from a member of Fulford Parish Council who confirmed that the Parish Council felt  the use of the building as a house of multiple occupation would lead to an unwarranted and unjustified increase in the usage of the very narrow and unsafe access. They felt there would be potential for pedestrian and vehicular conflict from vehicles exiting the blind exit across the footpath onto Main Street. They also raised concerns regarding inadequate parking provision at the rear of the building and the effect on the Conservation Area and Air Quality.

Representations were then heard from Councillor Aspden as Ward Councillor. He advised that Local Residents continue to be concerned about the scheme, in particular the effect on traffic flow, air quality and the lack of parking and amenity space at the site.

The Applicant’s Agent then spoke in support of the scheme. He advised that the scheme is appropriate for the building and the locality. Good cycle storage had been provided for along with some off-street parking. Although he accepted that the alleyway was narrow, he felt it was useable, and a doorway from the building onto the alley would be blocked up. He advised that his client intends to live on site to manage the building and would be providing good quality housing for single persons.

Members questioned a number of points, including:

·        The suitability of the access for pedestrian and vehicle use.

·        Air Quality issues, in particular concerns about the condition relating to non-opening windows being fitted at the front of the building.

·        The differences between this application and the original.

Following further discussions, Councillor Watson moved refusal. Councillor Warters seconded. When put to the vote, 5 members voted for refusal, 5 against.

Councillor Wiseman then moved approval and Councillor Douglas seconded. When put to the vote 5 members voted for approval, 5 against. The Chair used her casting vote and the application was approved.

RESOLVED:                That the application be approved.

REASON:                     In the opinion of the Local Planning Authority the proposal, subject to the conditions listed in the report, would not cause undue harm to interests of acknowledged importance, with particular reference to

-      loss of shop;

-      principle of residential use;

-      suitability of building to residential use;

-      amenity issues;

-      character and appearance of conservation area;

-      highway safety;

-      crime;

-      public open space provision;

-      contamination.

As such the proposal complies with advice in Planning Policy Statement 1: Delivering sustainable Development, Planning Policy Statement 3: Housing, Planning Policy Statement 5: Planning for the Historic Environment and Policies GP1, GP3, GP4A, GP4B, GP6, HE, HE3, T4,H4A, H8, S9 and L1c of the City of York Development Control Local Plan.