Agenda item

This full application is for the removal of conditions 5 (code for sustainable homes) and 6 (10% on-site renewable energy) of approved application 11/00676/FUL for the erection of 8no. two storey dwellinghouses following the demolition of a large bungalow on Brecks Lane.

The application has been called in for a Committee decision at the request of Cllr Doughty, as the original application for the housing development was determined by the Committee. [Strensall]

Members considered a full application by Mr D Gath for the removal of conditions 5 (code for sustainable homes) and 6 (on-site renewable energy) of approved application 11/00676/FUL for the erection of 8 no.  two storey dwellinghouses.

In their update Officers informed Members of a number of a policy changes in the Council’s Core Strategy, which had now been submitted  to the Secretary of State.

It was reported that there was no longer a requirement to achieve  Level 3 of the Code for Sustainable Homes  or 10% renewable energy on developments of less than 10 dwellings. As the application was for 8 dwellings, it was  recommended that conditions 5 and 6 from a previous approved planning application should be removed. Although the previous application was approved by the Committee in September 2011, Officers  advised Members that a decision on the current application should be based on current policies.

Officers confirmed that the development  would still need to comply with Building Regulations in relation  to carbon reduction, insulation and energy efficiency, which were the same as Level 3 of the Code and would still need to be achieved. Other aspects of the code would either not change (e.g. proximity to bus stops)  or would form part of the approved plans (e.g. cycle storage, garden sizes, drying areas).

Officers stated that the main implication of removal of condition 5 from the application would be that it would remove the requirement for the applicant to obtain a Certificate from an independent assessor confirming that Level 3 of the Code had been achieved.

In relation to Condition 6, which sought a 10% requirement for on-site renewable energy provision for all developments, it was reported that this was in conflict with another policy from the Yorkshire and Humber Regional Spatial Strategy which set a threshold for this requirement of 10 or more dwellings.

Representations were received from a representative of Strensall Parish Council. He felt that the application should be refused as the Planning Inspector had recently  voiced concerns about the policy on sustainable homes contained within the Core Strategy, and because it had not been assessed as to whether it was viable or not. He expressed concerns that if approved, a precedent would be set for other developments of less than 10 dwellings which had not yet commenced .

Representations were received from the applicant who stated that  the requirements of the condition were unduly onerous,  were hindering development in the city and were an unnecessary level of bureaucracy. In relation to renewable energy, he stated that a range of other measures undertaken at the construction stage could be equally effective and would have a far longer life than, for example, solar panels. 

Representations were received via email prior to the meeting from the Ward Member, Councillor Doughty. He stated that he agreed with the representations made by Strensall Parish Council regarding  the Code for Sustainable Homes and 10% renewable energy, as these were the requirements at the time of approval, and were specifically mentioned by the applicant   in  the design and access statement . However,  he accepted that whether this requirement could be enforced in light of the changes to the Council’s Interim Planning Statement on Sustainable Design and Construction, would be for the Committee to decide.

Some Members considered that the application should be approved because the development would still have to comply with building regulations and that the development would be likely to achieve the standards required  as part of the construction process.

RESOLVED:       That the application be approved.

REASON:           In the opinion of the Local Planning Authority the proposal, subject to the conditions listed in the Officer’s report, would not cause undue harm to interests of acknowledged importance, with particular reference to the residential amenity of the neighbours, the visual amenity of the dwellings and the locality, highway safety, and sustainability. As such the proposal complies with Policies GP1, GP10, H4a, ED4 and L1c of the City of York Council Development Control Local Plan (2005); Policy CS21 of the emerging City of York Core Strategy; the City of York Interim Planning Statement on Sustainable Design and Construction as revised in January 2012; and the National Planning Policy Framework.