Agenda item

Construction of 11no. Dwellings following demolition of existing public house. [Rural West York] [Site Visit]

Members considered a major full application from Enterprise Inns PLC for the construction of 11 dwellings following demolition of the existing public house.

Officers advised that draft conditions 2 (plans), 5 (means of enclosure) and 23 (internal noise levels) should be amended. They proposed addition conditions to cover a construction environment management plan (24), demolition and construction works (25) and contamination issues (26).

One Member raised the issue of the wall to be constructed on Top Lane. She noted that this proposed wall would be 1.8m in height and constructed in brick. She expressed concerns about the impact on the street scene and with regard to the planting proposed to soften the effect of the wall, she asked for assurance that this area would be maintained.

Representations were received from the agent in support of the application. He confirmed that he was happy with the amended conditions and agreed to the Section 106 agreement. He reminded Members of the history of the pub on the site and confirmed that despite every reasonable effort by the applicants, the site was no longer viable as a public house. He confirmed that the application had full support of consultees. With regard to the wall, he acknowledged the need to soften the structure and that the question of future maintenance of the landscaped strip needed to be addressed further. Officers stated that this could form part of the legal agreement and agreed to liaise with highways maintenance officers regarding this. 

Members accepted the reasons for the closure of the public house and agreed that the proposed houses were a reasonable use of the site and were low in density and would fit in well in the area. They agreed that the maintenance of the landscaped strip needed to soften the effect of the wall needed to be considered further and that this could form part of the legal agreement.

RESOLVED:       That the application be  approved subject to a 106 agreement, the conditions listed in the report and the amended and additional conditions listed below:

Amended Condition 2

The development hereby permitted shall be carried out in accordance with the following plans:-

Drawing Refs: - E/12/02/B; E/12/05/A; E/12/06/A and E/12/02/C. Date Stamped 27^TH July 2012 and E/12/07/A; E/12/08/A and E/12/03/L. Date Stamped 14^th August 2012.

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

Amended Condition 5

The means of enclosure to the development hereby authorised shall be erected in strict accordance with the details contained within Drawing Ref: E/12/03/L. Date Stamped 14^th August 2012 unless otherwise agreed in writing by the Local Planning Authority.

Reason: - To safeguard the visual amenity of the wider street scene and to secure compliance with Policy GP1 of the York Development Control Local Plan.

Amended Condition 23

The building envelope of all residential buildings shall be constructed so as to achieve internal noise levels of 30 dBLAeq, 1 hour and 45 dBLAMax(23:00-07:00) in bedrooms and 35 dBLAeq 1 hour(07:00-23:00) in all other habitable rooms. The noise levels are with windows shut and other means of acoustic ventilation provided. The detailed scheme shall be approved in writing by the Local Planning Authority and fully implemented before the use hereby approved is first occupied.

Reason: - To secure the residential amenity of the properties and to secure compliance with Policy GP1 of the York Development Control Local Plan.

Additional Condition 24

Before the commencement of development, a Construction Environmental Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The Construction Environmental Management Plan shall identify the steps and procedures that will be implements to minimise the creation and impact of noise, vibration, dust and waste disposal resulting from the site preparation, groundwork and construction phases of the development and manage Heavy Goods Vehicle access to the site. It shall include details of measures to be employed to prevent the egress of mud, water and other detritus onto the public highway. It shall include for the provision of a dilapidation survey of the highways adjoining the site. Once approved, the Construction Environmental Management Plan shall be adhered to at all times, unless otherwise first agreed in writing with the Local Planning Authority.

Reason: - To safeguard the residential amenity of neighbouring properties and in the interests of highway safety.

Additional Condition 25

All demolition and construction works and ancillary operations which are audible beyond the site boundary or at the nearest noise sensitive dwelling including deliveries to and despatch from the site shall be confined to the following hours:-

Monday to Friday 08:00 to 18:00

Saturday                09:00 to 13:00

Not at all on Sundays and Bank Holidays.

Reason: - To safeguard the residential amenity of neighbouring properties and to secure compliance with Policy GP1 of the York Development Control Local Plan.

Additional Condition 26

 In the event that contamination is found at any time when carrying out the approved development, the findings must be reported in writing immediately to the Local Planning Authority. In such cases, an investigation and risk assessment  must be undertaken, and where remediation is necessary a remediation scheme must be prepared and subject to the written approval of the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report must be prepared and approved in writing by the Local Planning Authority.

Reason:- To ensure that the site is free from land contamination.

REASON:            The proposal, subject to a section 106 agreement and the amended and additional conditions listed above, would not cause undue harm to interests of acknowledged importance, with particular reference to impact upon the visual amenity of the wider street scene, impact upon the safety and convenience of highway users, impact of road traffic noise upon the amenity of future occupants of the site, provision of affordable housing impact upon the local pattern of surface water drainage, the sustainability of the development  and loss of a public house. As such the proposal complies with Policies L1c), GP1, NE1, NE6, GP15a), H2a), H4a), GP4a) and L1b) of the City of York Development Control Local Plan.