Agenda item

Erection of 9no. apartments with associated parking and landscaping following demolition of garages. [Westfield Ward] [Site Visit]

Members considered an application by the City of York Council for a General Regulations (Reg3) application for the erection of nine apartments with associated parking and landscaping following the demolition of garages.

Officers reported that the Flood Risk Management Team had responded and advised that as the site was in low risk Flood Zone 1, it should not suffer from river flooding. They had no objections to the development in principle but proposed conditions on foul and surface water (including provision of sustainable drainage systems).

The Internal Drainage Board (IDB) had warned that the site was in an area where drainage problems existed and development should not be allowed until the Authority was satisfied that surface water drainage has been satisfactorily provided for.  A condition was therefore proposed to agree a scheme for provision of surface water drainage works prior to the commencement of development.

Yorkshire Water advised that there were 225 mm diameter sewers crossing the site. In this instance building over may take place under part H4 Building Regulations.The development should take place with separate foul and surface water drainage. The local sewer did not have capacity to accept additional discharge of surface water. Conditions should be applied to agree foul and surface water drainage schemes prior to commencement of development, and to ensure that there was no piped surface water discharge prior to the completion of the approved surface water drainage scheme.

The City Ecologist responded that the proposal would not have a  negative impact on Hob Moor Local Nature Reserve.  The new apartments would be set further back from the boundary than the existing garages, providing a small buffer of gardens and a new hedgerow would be planted along the entire length of the site. The trees and hedgerow on the boundary within Hob Moor would be retained. The flat bitumen roofed garages were very unlikely to support bats and a bat survey was not considered necessary. The report proposed that a light sensitive scheme be incorporated and this should be conditioned.

Officers advised that two further letters of objection had been received which expressed concerns that there was a waiting list for garages and the scheme would exacerbate existing parking problems due to shortage of parking. They stated that it would also have adverse impacts on flooding and drainage, the plans were unclear as regards removal of trees and the Ecological Report findings were inaccurate and a bat survey was required.

Officers proposed two additional conditions with regard to drainage, an additional condition regarding ecology and two additional conditions with regard to highways (HWAY 40 Dilapidation Survey and HWAY 31 Mud on the Road)

In response to questions raised, officers provided the following information:

·        The need for traffic regulation orders (TROs) was a separate process to the planning process and would be dealt with by highways and consulted upon in accordance with normal procedures.

·        If the conditions to mitigate for contamination and for the presence of landfill gas were adhered to, there would not be any risk to the health and safety of existing residents during development or for future residents.

·        As a result of consultation, four outdoor clothes driers would be provided in the shared amenity space.

·        Surface Water Drainage would be looked at as part of discharge of conditions.

·        Currently garages on site were under-occupied.

Mr Geoff Walsh, a local resident, spoke in objection to the application. He stated that the council had written to the garage owners asking them to vacate them, Windsor Garth was a single track road and bus route and the scheme would exacerbate the amount of parked cars on Newbury Avenue .

Ms Helen Humphries, the architect for the scheme, spoke in support of the application. She advised that the homes would meet high environmental standards. She stated that some of Newbury Avenue was already subject to double yellow lines and the proposals would provide for seven parking spaces plus eight parking spaces nearby to be used by residents and visitors. She confirmed that remedial work would be carried out to ensure the site was safe and all existing trees would be retained.

Officers confirmed that housing officers had written to the garage users to advise them that this site was a potential development site and to ask them to return their keys. Those people who had asked for a replacement garage had been provided with one.

Members acknowledged that, while there may be some inconvenience to residents during construction, there was a need for additional housing of this type and that many of the garages were not currently used to house cars but instead as storage spaces. They felt that this was a suitable site which would have a nice outlook over Hob Moor.

One Member expressed concerns that there was insufficient evidence to show that the development could be built without hazards and without inconvenience to residents.

Councillor Warters asked that it be recorded that he voted against the motion to approve the application.

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

Additional Condition (Drainage)

Prior to the commencement of development, details of foul and surface water drainage works shall be submitted to and approved in writing by the Local Planning Authority and the subsequent drainage schemes shall be carried out in accordance with these approved details prior to first occupation.

i. The developer's attention is drawn to Requirement H3 of the Building Regulations 2000 with regards to hierarchy for surface water dispersal and the use of Sustainable Drainage Systems (SuDs). Consideration should be given to discharge to soakaway, infiltration system and watercourse in that priority order. Surface

water discharge to the existing public sewer network must only be as a last resort therefore sufficient evidence should be provided to discount the use of SuDs.

ii) If SuDs methods can be proven to be unsuitable then In accordance with City of York Council’s Strategic Flood Risk Assessment and in agreement with the Environment Agency and the York Consortium of Internal Drainage Boards, peak run-off from Brownfield developments must be attenuated to 70% of the existing rate (based on 140 l/s/ha of proven 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.

iii) If existing connected impermeable areas not proven then a Greenfield run-off rate based on 1.4 l/sec/ha shall be used for the above.

Reason: So that the Local Planning Authority may be satisfied with these details for the proper drainage of the site.

Additional Condition (Drainage)

Unless otherwise approved in writing by the Local Planning Authority  there shall be no piped discharge of surface water from the development prior to the completion of the approved surface water drainage works.

Reason:  So that the Local Planning Authority may be satisfied that no surface water discharges take place until proper provision has been made for their disposal.

Additional Condition (Ecology)

Prior to first occupation of the dwellings hereby approved, a full lighting scheme shall be submitted to and approved in writing by the Local Planning Authority to show how the scheme will minimise light spillage to avoid light spillage affecting Hob Moor Local Nature Reserve.

The lighting scheme shall be carried out in accordance with the approved lighting scheme and installed prior to first occupation of the dwellings.

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

Additional Condition (Highways)
Prior to works starting on site a dilapidation survey of the highways adjoining the site shall be jointly undertaken with the Council and the results of which shall be agreed in writing with the LPA.

Reason: In the interests of the safety and good management of the public highway.

Additional Condition (Highways)

 Prior to the development commencing details of the measures to be employed to prevent the egress of mud, water and other detritus onto the public highway, and details of the measures to be employed to remove any such substance from the public highway shall be submitted to and approved in writing by the Local Planning Authority. Such measures as shall have been approved shall be employed and adhered to at all times during construction works.

Reason: To prevent the egress of water and loose material creating a hazard on the public highway.

Amended Condition 3 (Contamination)
Prior to the commencement of development, gas monitoring and an associated risk assessment (in addition to any assessment provided with the planning application) shall be carried out by a competent person to assess landfill gas generation and migration. The findings shall be submitted to and approved in writing by the Local Planning Authority and shall be implemented prior to first occupation of the dwellings.

Reason:     The site is brown field site in a sustainable location near to local shops, amenities and public transport links and it would, in principle, be suitable for redevelopment for housing purposes. The proposal would deliver affordable homes (built to Code Level 4) of a type needed within the city.

 In design terms, the scheme would be contemporary and it was considered that it would be of innovative design adding interest to the streetscene. There would be no adverse effect on highway safety and no significant adverse effects upon the amenity of surrounding residents, subject to the imposition of conditions outlined above. Because the Council can not enter into a Section 106 Agreement with itself, a letter had been provided by the Head of Housing Services confirming that a contribution of £5,824 towards amenity space and sports facilities in the locality will be made.