Agenda item

Erection of 1no. dwelling with associated access and parking [Rural West York] [Site Visit]

Members considered a full application from Mrs Ray Leadley-Yoward for the erection of a dwelling with associated access and parking.

Officers advised that the committee report stated at paragraph 4.14 that the separation distance between the proposed dwelling and the host house at No.3 would be 24m.  The actual distance would be 18m to the No.3’s main elevation and 15m to the conservatory.  They explained that while these distances were below the council’s normal standards, overlooking would be avoided by the north-west facing windows on the upper floor of the proposed house being obscure glazed up to 1.7m high from floor level and this had been agreed by the applicant.  Officers therefore recommended an additional condition requiring any upper floor window on the northern elevation to be obscure glazed and non opening.

Linda Manswell, a local resident, addressed the committee in objection to the application. She circulated a plan and some photographs to members and stated that:

·        the proposed dwelling would have a negative effect on local amenity

·        the local sewerage system may not be capable of supporting an additional property.

·        the land had once been a gravel pit and the site had been deemed unsuitable for development.

·        there may not be adequate parking for the property (the occupier of No 3 The Dell already parked on the road).

Councillor Joe Watt spoke on behalf of the immediate neighbour and as Chairman of Skelton Parish Council. He made the following points:

·        Skelton was a rural community where gardens were a feature of village life, however the village had become vulnerable to the practice known as garden grabbing.

·        Although a house could be squeezed into the garden, the remaining garden would be degraded for ever.

·        The Dell and The Vale were special to residents. The village should not be spoilt for current and future residents by inappropriate development.

Officers drew Members attention to paragraph 4.6 which covered the development of gardens and paragraph 4.7 which covered design issues. In response to issues which had been raised by the first speaker, they confirmed that the foul water sewage pipe did not conflict with the location of the house and would not cause any problems. Furthermore officers had not raised any issues with subsidence. With regard to the character of area, this was mixed in terms of housing with the houses on The Vale quite close together and built of a variety of materials.

Some Members felt  that this location was not large enough for the proposed dwelling. Due to the topography of the site, the garden was 1.5 to 2m below the level of the footpath which ran beside the property, therefore the house would be on different levels, and the distance  between proposed dwelling and next door was less than expected. They expressed the view that, for these reasons, they felt the proposals would be detrimental to character and amenity of the local environment.

Councillor Gillies proposed and Councillor Carr seconded a motion to refuse the application on these grounds. On being put to the vote this motion was lost.

Other members felt that, for the reasons set out in the report, there was no reason to go against the officer’s recommendation to approve the application.

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

Additional Condition 15

Any upper-floor windows on the northern elevation of the house shall be (i) obscure-glazed and (ii) non-opening unless the parts of the window that can be opened are more than 1.7 metres above the floor of the room in which the window is installed. 

Reason:  In the interests of the amenities of occupiers of the adjacent residential dwelling at No. 3 The Dell.

Reason:     The application accords with the national planning policy in the NPPF and relevant policies of the 2005 City of York Council of York Draft Local Plan.