Agenda item

This full application is for the erection of a two storey dwelling (with rooms in the roof) following demolition of the existing chapel.

 

The application has been called in by Cllr Doughty due to concern by some residents of the village that the proposal would be overdevelopment.[Strensall] [Site Visit]

Members considered a full application by Mr Martyn Inwood for the erection of a two storey dwelling (with rooms in roof) following the demolition of an existing chapel.

 

In their update to Members, Officers told the Committee that the pruning of the adjacent willow tree to the chapel had been approved by the Council. In relation to a question from a Member about drainage on the site Officers stated that the proposals had not demonstrated that soakaways would be an effective method of drainage on this site.

 

Representations were received from the applicant. He stated that   the proposed property would take up 39% of the application site and that it would be used for a family home. He confirmed that he wanted to retain the willow tree and that drainage would  be achieved through rainwater harvesting rather than soakaways.

 

Representations were received via email from the Ward Member, Councillor Doughty. He  re-iterated concerns that the application could represent overdevelopment in the Conservation Area that had been raised by  residents at a recent Stockton on the Forest Parish Council meeting.

 

Questions from Members related to the existing willow tree. Officers confirmed that the construction would encroach within the root protection area. They also added that if Members were minded to approve the application, a condition requiring a management plan to safeguard the tree could be inserted into the planning permission. However, in their view, irrespective of such a condition, the development would harm the roots.

 

Some Members were satisfied that the tree would survive but that the applicant should plant a replacement as a goodwill gesture to the village. The applicant confirmed that he would be happy to do this. Others felt that the application should be approved as a single property on the site was in keeping with the surrounding area.

 

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 only in accordance with the approved plans numbered:  I/27-P1-101, I/27-P1-102, I/27-P1-103, I/27-P1-104, I/27-P1-105 and I/27-P1-106.

 

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.   Notwithstanding the information contained on the approved plans, the height of the approved development shall not exceed 5.5 metres to the eaves and 8.6 metres to the ridge, as measured from existing ground level. Before any works commence on the site, a means of identifying the existing ground level on the site shall be agreed in writing, and any works required on site to mark that ground level accurately during the construction works shall be implemented prior to any disturbance of the existing ground level. Any such physical works or marker shall be retained at all times during the construction period.

 

Reason:     To establish existing ground level and therefore to avoid confusion in measuring the height of the approved development, and to ensure that the approved development does not have an adverse impact on the character of the conservation area.

 

5.   All  windows and external doors shall be made of timber with a painted finish unless otherwise agreed in writing by the Local Planning Authority.

 

Reason:      In the interests of visual amenity and the character and appearance of the conservation area.

 

6.   No development shall take place until there has been submitted and approved in writing by the Local Planning Authority design details and construction method statement of the foundations of the building.  The works shall be carried out in accordance with these approved details.

 

Reason:     In order to protect from damage the mature Willow tree close to the shared boundary with No.78 The Village.

 

7.   No development shall take place until there has been submitted and approved in writing by the Local Planning Authority a detailed landscaping scheme including boundary treatment and hard landscaping materials and which shall illustrate the number, species, height and position of trees and shrubs.  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:     In the interests of the conservation area and so that the Local Planning Authority may be satisfied with the overall appearance and the variety, suitability and disposition of species within the site.

 

8.   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.

 

9.   Before the commencement of development, including felling operations, the importing of materials, or any excavations, a method statement regarding protection measures for the existing trees to be retained, whether on or in the immediate vicinity of the site, shall be submitted to and approved in writing by the Local Planning Authority. This statement shall include a schedule of tree works; details and locations of protective fencing to be shown on a plan; phasing of works; site access during development operations; arrangements for loading/off-loading; parking arrangements for site vehicles; locations for stored materials; location of site cabin. The protective fencing line shall be adhered to at all times during development to create exclusion zones. None of the following activities shall take place within the exclusion zones: excavation, raising of levels, storage of any materials or top soil, lighting of fires, parking or manoeuvring of vehicles et al.

 

Reason:     To ensure protection of existing trees before, during and after development which are covered by a Tree Preservation Order and/or make a significant contribution to the amenity of the area.

 

10.  Prior to construction the local planning authority shall be    notified of the start date of construction in order to be given the opportunity to inspect tree protection measures before any development works commence, including site clearance, demolition and construction.

 

Reason:     To ensure protection of existing trees before and during development which are locate within the conservation area and/or make a significant contribution to the amenity of the area.

 

11.No development shall take place until details (including location, dimensions and materials) of refuse/recycling enclosures for proposed dwelling have been submitted to and approved in writing by the local planning authority.  The enclosures shall be provided in accordance with the approved details before the dwelling hereby approved is occupied and shall be retained and used for no other purpose except with the written consent of the local planning authority. 

Reason:     In the interests of sustainability and the character and appearance of the conservation area.       

 

12.   Prior to the commencement of development details of the surface water drainage works shall be 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 the details for the proper drainage of the site.

 

 

INFORMATIVE:

To satisfy this condition details of the surface water drainage works should include:

 

(i)         A topographical survey showing the existing and proposed ground and finished floor levels to ordnance datum for the site and adjacent properties.

 

(ii)        Calculations and invert levels of the existing surface water system together with calculations and invert levels of the proposed new development.

 

(iii)       An appropriate assessment under BRE Digest 365, (preferably carried out in winter), to prove that the ground has sufficient capacity to accept surface water discharge from the proposed permeable paving, and to prevent flooding of the surrounding land and the paving itself. City of York Council’s Drainage Section should witness the BRE Digest 365 test.

 

(iv)       Existing and proposed surfacing.

 

In  agreement with the Environment Agency / IDB / City of York Council, peak run-off from developments must be attenuated to 70% of the existing rate (based on 140 l/s/ha of connected impermeable areas). Storage volume calculations, using computer modelling, must accommodate 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 must also include an additional 20% allowance for climate change. The modelling must use a range of storm durations, with both summer and winter profiles, to find the worst-case volume required. If existing connected impermeable areas are not proven a greenfield run-off rate based on 1.4 l/sec/ha shall be used for the above.  Additional surface water should not be connected to any foul/combined sewer, if a suitable surface water sewer is available.

 

13.   There shall be no raising of ground levels on the site.

 

Reason:     To prevent flooding of adjacent properties.

 

14.   No development shall commence unless and until details of provision for public open space facilities or alternative arrangements have been submitted to and approved in writing by the local planning authority. The open space shall thereafter be provided in accordance with the approved scheme or the alternative arrangements agreed in writing by the local planning authority and thereafter implemented, prior to first occupation of the development.

 

Reason:     In order to comply with the provisions of Policy L1 of the City of York Draft Local Plan.

 

INFORMATIVE:

The alternative arrangements of the above condition could be satisfied by the completion of a planning obligation made under section 106 of the Town and Country Planning Act 1990 by those having a legal interest in the application site, requiring a financial contribution towards off site provision of open space. The obligation should provide for a financial contribution calculated at £3668.

 

No development can take place on this site until the public open space has been provided or the Planning Obligation has been completed and you are reminded of the local planning authority's enforcement powers in this regard.

 

15.   No development shall take place until details have been submitted to and approved in writing by the council of measures to be provided within the design of the new buildings to accommodate bats. The works shall be completed in accordance with the approved details. 

 

Reason:     To take account of and enhance the habitat for bats.

 

INFORMATIVE:

Features suitable for incorporation include special tiles, brick soffit boards, bat boxes, etc.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                            

                     

                  

 

                                                                  

 

 

 

REASON:           In the opinion of the Local Planning Authority the proposal, subject to the conditions listed above, would not cause undue harm to housing density, sustainability, impact on the conservation area and adjacent listed buildings, visual impact, open space, neighbour amenity, flood risk and highway issues.  The application therefore complies with policies GP1, GP4a, GP15a, H4a, HE2, HE3, HE4, NE1, and L1c.