Agenda item

Change of use from offices with flat above to a 10 bedroom house in multiple occupation. [Guildhall Ward] [Site Visit]

Members considered a full application by Mr Adam Bennett for the change of use from offices with flat above to a 10 bedroom house in multiple occupation.

Officers advised that three additional objections had been received including comments from the owner and occupier of the property at the rear, 12 High Newbiggin Street and from another interested party raising the following issues:-

·        Noise from use affecting neighbours; impact on adjacent patio from smoking and noise from residents, boiler; noise from internal doors

·        Excess rubbish from 10 residents in patio area

·        No parking provision

·        Loss of individual  house to student accommodation; over supply of student accommodation in city

·        Insufficient amenity space

·        Retrospective works require listed building consent

Officers also circulated a list showing the variety of uses of properties along Lord Mayor’s Walk for Members’ information.

They advised that condition 6 be amended to include details of the external air supply unit and grills.

Members queried the means of escape from the top floor. Officers advised that the fire safety procedure was within the remit of building control not planning but noted that the applicant had provided information on the fire detection system which was in place.

Representations were received from the agent in support of the application. He assured Members that the works had been carried out to a good standard. He confirmed there was adequate provision for cycle storage and waste storage at the rear of the site and agreed to address any concerns regarding noise and air quality issues.

Representations were also received from a neighbour in objection to the application. She explained to Members that she owned the property behind this one on High Newbiggin Street, which she also rented out to a middle aged married couple. She explained that use of the building as an HMO would affect the privacy of her small patio area and well as lead to an increase in noise for her tenants. She noted that as wheelie bins were not used  in the street, rubbish from the HMO would be left in bags which could encourage rats. She stated the use of the building was out of character for the area as the houses in the terrace were either occupied by families or had been divided into a maximum of two flats.

The applicant advised Members that the cycle/bin store would act as a barrier offering privacy to the property to the rear and some trellis work could be used to offer further privacy. He advised that he had worked together with his neighbour to resolve issues in the past.  He explained that wheelie bins would be used to store bin bags in until collection day to protect the bags from vermin. Officers added that this issue was covered by proposed condition 3 which required a management plan for waste storage and recycling arrangements.

Members discussed the privacy of the neighbours in High Newbiggin Street and officers suggested that a fencing panel could be fixed to the existing low wall secured by amending condition 3.

In response to a request for clarification regarding air quality measures, officers confirmed that the amendment to condition 6 required details of grills to be submitted and the Head of Environmental Protection had advised that the vent should be at the rear of the property rather than in the passageway.

Members expressed concerns that this was a retrospective application but agreed that the quality of workmanship in the property was of a high standard. They agreed that they were happy to delegate authority to officers to deal with the application for listed building consent.

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

Amended condition 3

Within a month of the date of this decision notice details of the items listed below shall be submitted to the Local Planning Authority for approval and the works shall be carried out in accordance with the approved details within two months of the agreement of the details,

i/ cycle storage

ii/ a fence panel to the boundary wall with no. 12 High Newbiggin Street

The fence and cycle store shall thereafter be retained and used for no other purpose except with the written permission of the Local Planning Authority.

Reason:  In the interests of sustainability and compliance with Policy T4 of the City of York Development Control Local Plan and in the interests of the living conditions of the neighbouring property.

                             Amended condition 6

Details of the air supply unit and any external grilles shall be submitted for the written approval of the Local Planning Authority, and thereafter the works shall be implemented and retained in accordance with the approved details.

Reason: To ensure that the details would be acceptable in the interests of the visual amenity and historical and architectural interest of the Listed Building and the amenity of the wider conservation area.

REASON FOR APPROVAL

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 supply of residential and employment accommodation in the City

-  Impact of proposed changes on the visual amenity and the historic character of the listed building/ conservation area

- The residential amenity of the neighbours and occupiers

- Cycle and bin storage

- The provision of open space facilities

As such, the proposal complies with Policies HE3, HE4, H12, E4b, H8, GP4a), GP4b),GP1, T4 and L1c of the City of York Development Control Local Plan ( 2005); and national planning guidance contained in Planning Policy Statement 1  " Delivering Sustainable Development,  "  Planning Policy Statement 3 " Housing " and Planning Policy Statement 5 " Planning for the Historic Environment " and Planning Policy Guidance Note No 24 " Planning and Noise. "