Agenda item

Erection of 2no. dwellings and garages to the rear of 122 York Road with access from Old Orchard (resubmission). [Haxby and Wigginton Ward] [Site Visit]

Consideration was given to a full application by Mrs T Devlin for the erection of two new dwellings and garages to the rear of 122 York Road with access from Old Orchard (resubmission).

Officers circulated an written update to the committee and advised that since publication of the report, a revised layout (12:39:03 Rev.F) had been submitted which showed that the width of the shared drive through the site had been reduced by 1m to 3.1m thereby enabling more screening to be planted along the northern boundary with Old Orchard.

David Farnsworth had registered to speak in objection to the application. He urged the committee to refuse the application due to the numerous objections received. He expressed concerns about some of the information contained in the committee report which he felt was flawed and misleading as it appeared to be based on an earlier design which had substantially changed. He expressed disappointment that no attempt had been made by the site owner or agent to liaise with the local community with regard to the application. In response, officers confirmed that the information contained in the report was correct and based on the correct set of plans.

Father Kevin Trehy, of St Margaret Clitherow Church, had also registered to speak in objection. He voiced his concern about the impact on drainage of the grounds and the additional pressure on the pumping station. He advised Members that the proposed house on plot 2 would be seen through the window behind the altar in the church. He explained that that altar was central to the worship at Mass and that as the windows were translucent, the introduction of a fixed permanent structure would be invasive and would distract from worship. He stated that he would welcome discussion with the developer on the scheme. In response, Officers advised that the proposed house on plot 2 would be 12 metres from the window in question and 16 metres away from the first pew in the church and the building. Officers confirmed that as this window was not south facing, there would be no overshadowing effect on the church.

The agent for the applicant had registered to speak in support of the application. He stated that the scale and massing of the proposed houses were typical of any dwelling in the area and the reduction in mass of the house at plot 1 would reduce the impact on trees. He questioned the loss of light to the church pointing out that the boundary was sufficiently tree lined.

Members raised concerns that traffic moving south accelerating round the bend may not be aware that there was access on the corner. They suggested that a warning sign might be required to warn drivers of the access.

Members discussed the effect of the proposed house on plot 2 on worship during church services. They considered whether it was significant enough to refuse the application but noted the distance from the church window.

Members noted that the proposed plans showed the removal of an existing tree close to the boundary of 109 Old Orchard and questioned whether it was possible to retain this tree for the amenity of residents. Officers confirmed that the tree was not suitable for a tree preservation order due to its proximity to the garage and warned against adding a condition regarding the tree without knowing what the implications of retaining the tree would be for the retention of another important tree on the site frontage.

Resolved:  That delegated authority be given to officers to approve the application (in consultation with the Chair and Vice Chair of the committee) following discussions with the applicant regarding the implications of the possibility of the retention of the oak tree adjacent to the garage of number 109 Old Orchard.

Reason:     The proposal accords with national and local planning policy and is considered to be acceptable however it was agreed that there should be an opportunity to discuss with the applicant whether the oak tree adjacent to the garage to number 109 Old Orchard could be retained for the amenity of local residents.