Agenda item

This is a full application for the erection of a single storey replacement dwelling. This application was originally considered by the Committee at their meeting in October 2011, where it was decided that the application be deferred until the submission of a report on the effect that the proposed dwelling could have on an adjacent ash tree and also to allow for further consideration on how natural light could reach two of the rooms in the proposed basement. [Wheldrake] 

Members considered a Full Application by Mr. S Crowther for the erection of a replacement single storey dwelling (resubmission).

Officers explained that the application had originally been deferred in October 2011 in order for consideration to be given to providing greater separation between the dwelling and an adjacent ash tree, and also to how natural light would reach rooms within the basement. It was noted that a revised location plan had been received and that the distance between the proposed dwelling and the tree was now deemed to be acceptable. It was also reported that, if the application was approved, the lightwells serving the basement would incorporate toughened glass, which would avoid the need for protective enclosures thus allowing more natural light to enter the basement.

Officers informed Members that the proposed replacement dwelling would constitute a significant enlargement of the existing building. They confirmed that the floorspace in the basement had also been reduced from the previous application, but that the ground level space had remained at its previous size.

Representations in support of the application were received from the applicant. She circulated a photograph of the proposed dwelling; this was subsequently attached to the agenda, which was republished after the meeting. She informed the Committee that the proposed bungalow would now be at a distance of 6.6 metres away from the ash tree. The walls of the light wells would be painted with light reflecting paint, and the safety railings would be replaced with a glass balustrade. The applicant also informed the Committee that support for her application had been received from the Parish Council and local residents.

Members felt that as the majority of the proposed dwelling would be unobtrusive and as local residents were not opposed to the application, that it should be approved. Some Members also suggested that a condition should be added to maintain the size of the boundary landscape and that permitted development rights should be removed, in order for future development to be tightly controlled.

RESOLVED:       That the application be approved with 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:-

Drawing Nos:-CRO/12.A; CRA/03A ; CRA/09A received on 4 November 2011.

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

3.   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.

Reason: So as to achieve a visually cohesive appearance.

4.   Details of all means of enclosure to the site boundaries, including minimum heights, shall be submitted to and approved in writing by the Local Planning Authority before the development commences, shall be provided before the development is occupied, and shall be thus maintained.

Reason:         In the interests of the visual amenities of the area.

5.   No development shall take place until there has been submitted and approved in writing by the Local Planning Authority a detailed landscaping scheme which shall illustrate the number, species, height and position of trees and shrubs and other planting. 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 alternatives are agreed in writing by the Local Planning Authority.

Reason:         So that the Local Planning Authority may be satisfied with the variety, suitability and disposition of species within the site.

6.   Before the commencement of development, including demolition, building operations, installation of utilities, the importing of materials, or any excavations or earthworks, a method statement regarding protection measures for the existing trees shown to be retained on the approved drawings shall be submitted to and approved in writing by the Local Planning Authority. This statement shall include details and location of protective fencing in accordance with BS5837, phasing of works, site access during demolition/construction, type of construction machinery/vehicles to be used, (including delivery and collection lorries and arrangements for loading/off-loading), parking arrangements for site vehicles and storage of materials. The method statement shall also include construction details for the driveway, and shall be strictly adhered to throughout the demolition and construction phase of the development.

Reason:         To protect existing trees which are shown to be retained, one of which is subject to a Tree Preservation Order and are considered to make a significant contribution to the amenity of this area and the development.

7.   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 for the proper drainage of the site.

8.   Vehicular access shall be from Back Lane South and details of the design of this access, together with associated sight lines, shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development.

Reason:         In the interests of highway safety

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

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

10.   The building shall not be occupied until the areas shown on the approved plans for parking and manoeuvring of vehicles (and cycles, if shown) have been constructed and laid out in accordance with the approved plans, and thereafter such areas shall be retained solely for such purposes.

Reason:         In the interests of highway safety.

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.   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, C, D and F of Schedule 2 Part 1 of that Order shall not be erected or constructed.

Reason:         In the interests of maintaining the openness of the Green Belt, 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:                In the opinion of the Local Planning Authority the proposal, subject to the conditions listed above would not cause undue harm to interests of acknowledged importance, with particular reference to the very special circumstances which are considered to outweigh the presumption against inappropriate development in the Green Belt. These are the fallback position available to the applicant using permitted development rights, and the superior design solution that would be achieved by the granting of planning permission for the proposal. As such the proposal complies with Policies YH9 and Y1C of the Yorkshire and Humber Plan, Policies GB1, GB5 and GP1 of the City of York Draft Local Plan and National Planning Advice contained within Planning Policy Guidance Note 2 "Green Belts".