Agenda item

Erection of 1no. Detached dwelling house (revised scheme)

[Micklegate Ward] [Site Visit]

Members considered a full application from The Mount School for the erection of a detached dwelling house (revised scheme).

Officers advised that comments had been received from Councillor Fraser, Ward Member for Micklegate Ward and a copy was circulated to the Committee for their information. This put forward concerns of residents, mainly from St Aubyn’s Place, pointing out that that the current application is for a larger development than previously approved with almost all the windows facing into St Aubyn’s Place as well as a terrace and balcony, both also facing St Aubyn’s Place, raising concerns about overlooking. It also raised concerns regarding the inadequacy of screening provided by existing and proposed trees, the adequacy of the drainage arrangements and the potential for the development to become a bed and breakfast establishment in the future exacerbating the potential for overlooking. The Committee was asked to either reject the application or, if minded to approve the application, to apply conditions to address these concerns.

Officers advised that a further letter of representation has been received from the occupier of 22 St Aubyn’s Place expressing concern in respect of the impact of the proposal on their residential amenity and the surrounding landscape.

Officers recommended that the following conditions be revised

·        Condition 2 - Addition of drainage scheme to the list of approved plans:

·        Condition 5. Amend reason for condition to include reference to protecting existing trees.

·        Condition 8. Revised wording to require permanent retention of landscaping scheme unless otherwise approved and its implementation prior to the occupation of the dwelling:

Officers drew Members attention to paragraph 4.4 of the report which stated that the revised scheme envisages a greater proportion of the proposed accommodation fronting onto Love Lane and advised them that he did not agree with this statement. They clarified that the living areas were at upper level rather than the bedrooms and asked Members to consider the impact of the current proposals on neighbours in comparison to the previous proposals.

Representations were received from Mrs D Heigh, a neighbour, in objection to the application. She made the following comments:

·        in the previous application the principal living areas overlooked Love Lane - now all the living accommodation faces south towards St Aubyn’s Place. A large balcony and terrace will look down over our houses.

·        Proposed screening is not sufficient - the large deciduous trees are to one side and will not block it. The hedge will be below the boundary wall and the wall will not provide screening.

·        Previous proposals were preferential to these.

·        There would be a significant loss of privacy to homes and gardens in St Aubyn’s Place

Representations were also received from Mr Gardiner, the applicant. He explained that he had bought the plot and had then undertaken investigations as to how the design could be improved in order to build a sustainable carbon neutral building. He made the following points:

·        House would be located as far as possible on the plot from St Aubyn’s Place

·        House will sit lower down in the landscape. Lower ridge height and use of cedar roof reduces impact on surroundings

·        Natural screening is increased – retention of trees and planting of additional mature trees

·        Lower ground floor will not be visible from St Aubyn’s Place

·        Recognise concerns of neighbours but have sought to reduce impact as far as possible over previous scheme.

One Member suggested it may be better to use opaque glass rather than clear glass on the balcony. The applicant expressed the opinion that this may be more intrusive and explained that when seated on the balcony, all the owners would be able to see would be the sky and not the houses below.

Members welcomed the design and sustainability of the proposed house and accepted that the applicant had done as much as possible to  mitigate potential objections.

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

Amended Condition 2

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

Drawing Refs:- A12 Rev A; A15 Rev A; A05 Rev A; A08 Rev A; A06 Rev A; A04 Rev A; A07 Rev A; Dated 18th September 2012. A11; A10; A14; A02 and A03 Date Stamped 30th October 2012.

Technical Drainage Supplement J-D0997-R01 July 2012 and associated drawings DO J D0997 sheet nos. 122, 149, 150 and 163.

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

Amended  Reason for Condition 5

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

Reason: In the interests of the amenities of the adjoining residents and in order to protect existing trees 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.

Amended Condition 8

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, shrubs and other landscape planting. This scheme shall be implemented prior to the occupation of the development and shall be retained thereafter. Any trees or plants which 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 otherwise 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 and to protect the living conditions of properties in St Aubyn's Place.

REASON:           The proposal, subject to the conditions listed in the report and the amended conditions above, would not cause undue harm to interests of acknowledged importance, with particular reference to impact upon the residential amenity of neighbouring properties, impact upon the setting of the Historic Core Conservation Area, impact of the proposal upon highway users in Love Lane, sustainability of the proposal, impact upon the level of anti-social behaviour in Love Lane, impact upon the mature landscaping within the site and impact upon the local pattern of surface water drainage. As such the proposal complies with Policies GP15a), GP3,GP4a),GP9, GP10,GP1 and HE2 of the City of York Development Control Local Plan.