Agenda item

Erection of petrol service station with retail unit. [Fishergate Ward] [Site Visit]

Members considered a full application from Valli Forecourts for the erection of a petrol service station with retail unit.

Officers provided an update to the Committee reporting that an email has been received from Cllr D’Agorne, who had called in the application to committee, setting out his objections to the proposal as follows:

·        The application should be assessed as a new development closely adjacent to listed building and in a predominantly residential location.

·        The short term benefits of bringing the site back into use are outweighed by the impact on the conservation area and the potential loss of amenity to neighbours

·        the site was allocated for housing prior to the latest version of the local plan but was removed because of the objections of the landowner

·        Current policy is to maximise housing on urban sites to protect the Green Belt. The site could be providing vital housing in a sustainable urban location

·        There is prospect of the site being brought back into use if the current application is refused.

·        Traffic and highway issues are a concern because of conflict with the pedestrian crossing and the junction of Fulford Road with Kilburn Road. Increase in traffic will impact on already high levels of traffic in an Air Quality Management Area.

·        Supports the officers conclusions that the application should be refused and asks the committee to refuse permission.

Officers reported that one further letter of objection had been received however the issues raised in this were already précised within the committee report.

Four speakers had registered to address the committee on this application. Mrs Jackie Hudson, Chair of Governors at Fishergate Primary School, addressed the committee first on behalf of the school in objection to the application. She explained that school pupils are encouraged to walk or cycle to school using the pedestrian crossings and cycle paths which have been installed to facilitate this.

The proposed petrol filling station would reduce the safety of pupils on the western side of Fulford Road and at the nearby pedestrian crossing point.

Mr James Newton addressed the committee as a local resident and on behalf of Yorspace Community Housing. He advised that the proposed development would lead to increased traffic congestion and a reduction in air quality and would have a negative impact on public health and the natural environment. Furthermore he expressed the view that this was a poor use of valuable land which in his opinion should be included in the Local Plan and other alternative options explored for development of the site, with his preferred option being for housing. He urged the committee to refuse the application on the principle of redevelopment into a petrol station.

Mr Henry Bainton spoke on behalf of Fishergate Planning Panel in objection. He reminded Members this was a largely residential area and that its residents valued its beauty and increasingly residential nature. It was however also one of the busiest routes in and out of York which raised concerns over traffic congestion and road safety. He explained that, at present, priority was given to cycle and pedestrian movements on this stretch of road but that the introduction of a petrol filling station in the proposed location would interrupt these existing paths.

Lastly Mr Alistair Flatman, agent for the applicant, spoke in support of the application. He acknowledged the objections and matters which had been raised however he stressed that no objections had been raised by officers in relation to noise, lighting, air quality or highway safety. He pointed out that there was a petrol station on the site in1975 when the conservation area was designated, advised that the proposals would not cause significant harm to the living conditions of residents, would enable the currently derelict site to be tidied up and would provide 120 new jobs.

Members noted the concerns raised by speakers, particularly with regard to highway safety but acknowledged that as highway network management had not raised any objections to the proposed petrol station including retail unit this could not be used as a reason for refusal. Members however agreed that this was not the right type of development in a conservation area, for the reasons detailed in the report.

Resolved:  That the application be refused.

Reason:     No. 172 Fulford Road is situated within the northern half of the Fulford Road Conservation Area. The character of the area is derived from  the range and quality of the C19th and C20th houses, strong boundaries, grass verges and lines of street trees. Trees within front gardens and screened commercial sites also enhance the area. The layout and design of the petrol filling station would be untypical of the grain of development within the conservation area and harmful to its character or appearance; further harm would be added by the form, size, height, scale and materials of the  canopy and signage in an area of attractive buildings with landscape forecourts behind boundary, walls and railings . The harm identified would be less than substantial harm (paragraph 134 of the National Planning Policy Framework), no public benefits have been identified that would outweigh the harm. The proposal fails the duty to preserve or enhance the character or appearance of the conservation area under s.72 of the Planning (listed building and Conservation area) Act 1990, guidance contained within the National Planning Policy Framework (paragraphs 9, 64, 131, 132,134) and policies HE2 and HE3 of the City of York Development Control Local Plan adopted for development control purposes in April 2005.

                   No. 172 Fulford Road is situated within the setting of a grade ll listed building located to the south of the site ( formerly 180 to 182 Fulford Road now 1  to 12 Aurega House) and within the setting of 170  Fulford Road an undesignated heritage; the size and scale of the canopy to be erected over the forecourt of the proposed petrol filling station would be an uncharacteristic feature within the immediate setting of the listed building and it would adversely affect views of the buildings. The development would harm the setting of the adjoining listed building and affect the significance of a non-designated heritage asset. The harm identified would be less than substantial harm (paragraph 134 of the National Planning Policy Framework) There are no public benefits identified that would outweigh the harm.  The proposal fails the duty to have regard to the desirability of preserving the listed building or its setting under s.66 of the Planning (listed building and Conservation area) Act 1990, guidance contained within the National Planning Policy Framework (paragraphs 9, 131, 132,134, 135) and policies HE2 and HE4 of the City of York Development Control Local Plan adopted for development control purposes in April 2005.

                   Nos. 19 to 22 Alma Grove are a row of terraced properties orientated east /west and 4 metres from the rear of the application site The proposed siting of the retail building will introduce development close to the joint boundary on a land level  above the adjacent houses and a structure that is 4.6 metres above site ground level. It is considered that the siting of the building and associated landscaping would be detrimental to the outlook to the rear of 19 to 22 Alma Grove and will reduce light into rear garden areas and would be detrimental to the occupiers residential amenity. The proposal is considered contrary to the core planning principles in the National Planning Policy Framework which seek to ensure a good standard of amenity for all existing and future occupants of land and buildings and GP1 of the City of York Development Control Local Plan adopted for development control purposes in April 2005.