Agenda item

Single storey rear extension to retail units 1, 2, 3, 5, 6 and 7 (resubmission) [Hull Road] [Site Visit]

Members considered a full application by Mr A Choudhury for a single storey rear extension to retail units 1,2,3,5,6 and 7 (resubmission).

Officers advised that condition 6 should be revised to read:

Prior to the commencement of the development hereby authorised full details of all facilities for the treatment and extraction of cooking and other odours and other air handling facilities shall be submitted to and approved in writing by the Local Planning Authority. Such details shall include a detailed plan of at least 1:50 scale identifying the precise location of the plant to be installed. Once approved each item of plant shall be fully installed and operational prior to the extensions hereby authorised being first brought into use and shall be maintained as such thereafter.

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

Condition 10 should also be revised to include the need for the housing of a top opening Euro Trade Waste Bin.

Councillor Barnes, who had called in the application, had submitted a written representation to the committee as he was unable to attend the committee meeting to address the committee as ward member. His statement had been circulated to Members prior to the meeting together with his original letter to officers calling in the application. He made the following points:

·        Previous application for this site was unanimously rejected by members.

·        2 applications have been submitted for this site – this and one other which has already been rejected under delegated powers

·        Decision to call in applications  is due to the scale of the development, it's previous history and members previous decision.

·        Site is in sore need of development and gives support  for responsible development of the site,

·        This is still a largely residential area with a number of nearby properties so need to ensure residents' concerns are fully considered as well as view of Hull Road Planning Panel.

Mr Daniel Clubb, a neighbour,  had registered to speak in objection to the application. Ms Deborah Rhodes, another resident, had also registered to speak but she confirmed she was happy that Mr Clubb would cover the concerns she wished to raise in his presentation so withdrew her request to address the committee. Mr Clubb asked the committee to consider the living conditions for the resident of 277a Melorsegate which was a ground floor flat overlooking Matmer House yard. He stated that the flat only had 2 windows and these both overlooked the yard. Further more, the proposals would lead to a loss of light and aspect for nearby properties. He expressed concern about future plans for student accommodation on the site and expressed the view that the regularisation of bin storage and car parking could be achieved without the need for flats.

Officers provided clarification to the committee and explained that the other application which had been referred to by Councillor Barnes and the previous speaker was for a certificate of lawfulness to seek CYC agreement to use the upper floor of the existing shops as student accommodation. This had been refused as the planned use did not fall within permitted development rights. Members were reminded that they had to deal only with the application in front of them.  

Mr Choudry, the applicant, then spoke in support of his application. He assured members that if approved the proposals would improve the service and parking area which currently suffered from fly tipping. He explained that, at present, the shop units did not have customer toilet facilities, and this extension would provide additional space for this as well as a bin storage area. He advised the committee that he was mindful of his neighbours and had listened to their concerns and would endeavour to minimise any noise and disturbance during development.  

Some Members felt that this application would be better considered along with any other relevant applications for this site in order that an informed decision could be made on the whole site, but acknowledged that they could only make a decision on the application in front of them.

Members agreed that the site needed improving and the proposals would enable this to happen.

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

Revised Condition 6:-

Prior to the commencement of the development hereby authorised full details of all facilities for the treatment and extraction of cooking and other odours and other air handling facilities shall be submitted to and approved in writing by the Local Planning Authority. Such details shall include a detailed plan of at least 1:50 scale identifying the precise location of the plant to be installed. Once approved each item of plant shall be fully installed and operational prior to the extensions hereby authorised being first brought into use and shall be maintained as such thereafter.

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

Revised Condition 10

Prior to the commencement of the development hereby authorised full details of the proposed bin stores including details of the means of enclosure and any gates shall be submitted to and approved in writing by the Local Planning Authority. Such details shall also provide for the housing of a top opening Euro Trade Waste Bin. The development shall thenceforth be undertaken in strict accordance with the details thereby approved.

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

Reason:     The existing parking and servicing yard is poorly maintained and detracts from the wider amenity of the area. The proposal is however single storey and has been amended to ensure that the impact upon adjacent properties notably 277 Melrosegate can be restricted to an acceptable level. At the same time the proposal creates the opportunity to regularise the layout of the yard whilst providing formal bin storage and lighting.