Agenda item

Erection of 26 dwellings with associated access road, garaging, parking and cycle stores.  [Dringhouses & Woodthorpe]

Members considered a major reserved matters application, submitted by Barratt Homes (York), for the erection of 26 dwellings with associated access road, garaging, parking and cycle stores.

The case officer recommended the deletion of the wording, “or dying or being severely damaged or becoming seriously diseased before the end of that period”, from condition 3 of the application, which related to retention of trees and hedges.  He reported that drawing number PO6:3596:04 had been submitted, showing site elevations, and that condition 1 should make reference to this.  He also presented advice that had been received from the City Development section regarding affordable housing.  

Officers clarified, with regards to paragraph 4.6, that Policy H5a required new residential developments to aim to achieve net densities of greater than 40 dwellings per hectare, not 30 as stated.

Representations were received in objection to the application, on behalf of Dringhouses & Woodthorpe Planning Panel, and in support of the application, from the applicant’s architect.

Members requested the inclusion of the informatives recommended for the related application 06/02413/REM.

Some Members expressed concerns regarding the proposed design, the high density and the height of the development, particularly where it was close to Hob Moor.

RESOLVED:             That the application be approved, subject to the conditions listed in the report, with the following amendments and the following additional informatives:

(i)   Condition 1 – “      The development hereby permitted shall be carried out only in accordance with the following plans and other submitted details:-

      2005-sf1 - Boundary treatments.

      2005-sf5 - Boundary Treatments.

      2005-R1 - Boundary Treatments.

      PO6:3596:10 - Bin Store Details.

      PO6:3596:15 - Street Scene.

      2005-SW2 - Boundary Treatments.

      PO6:3596:02 - A - Location Plan.

      PO6:3596:01- H -Planning Layout.

      06/107/100/001 - rev a - Proposed Junction Arrangement.

      PO6:3596:04 – Site Elevations

      PO6:3596:05 - Plans and Elevations.

      PO6:3596:06 - Plans and Elevations.

      PO6:3596:07 - Plans and Elevations.

      PO6:3596:09 - Plans and Elevations.

      PO6:3596:11 - Plans and Elevations Detached Unit.

      or any plans or details subsequently agreed in writing by the Local Planning Authority as an amendment to the approved plans.

      Reason: For the avoidance of doubt and to ensure that the development is carried out only as approved by the Local Planning Authority.”

(ii)  Condition 3 – “None of the existing trees or hedges shown to be retained on the approved plans shall be wilfully damaged or destroyed or uprooted, felled, lopped or topped without the prior written consent of the Local Planning Authority.  Any trees removed without such consent shall be replaced with trees of such size and species as may be agreed in writing with the Local Planning Authority.

      Reason:  The Local Planning Authority considers it important to safeguard the trees and hedges in a positive manner so as to secure their continued well being.”

(iii)      Informative – “Although not required as part of the outline approval, it is recommended that the applicant considers/implements the following:-

A  desk study should be undertaken in order to identify any potentially contaminative uses which have or are currently occurring on the site. This shall include a site description and a site walkover and should be submitted to and approved by the local planning authority prior to the development of the site (This should where possible date back to 1800).

A site investigation should be undertaken based upon findings of the desk study. The investigation should be carried out in accordance with BS10175: Investigation of potentially contaminated land: code of practice. The results of the investigation should be submitted to and approved by the local planning authority in writing prior to any development commencing on the site.

Gas monitoring should be carried out on the site over a period of at least three months to consider the effect of any landfill gas migration. The survey should be undertaken and the results submitted to the Planning Authority.

Based on the information from the gas survey, proposals for a gas protection regime should be submitted to and approved by the Local Planning Authority prior to the commencement of any development on site.

A risk-based remedial strategy should be developed based on the findings of the site investigation. The remedial strategy should be submitted to and approved by the local planning authority in writing. The approved strategy should be fully implemented prior to any development commencing on site. The remedial strategy should have due regard for UK adopted policy on risk assessment and should be developed in full consultation with the appropriate regulator(s)

A validation report should be submitted to and approved by the local planning authority, detailing sample locations and contaminant concentrations prior to any development commencing on the site.

Any contamination detected during site works that has not been considered within the remedial strategy shall be reported to the local planning authority. Any remediation for this contamination should be agreed with local planning authority and fully implemented prior to any further development of the site. 

The developer's attention should also be drawn to the various requirements for the control of noise on construction sites laid down in the Control of Pollution Act 1974.

1    The work shall be carried out in such a manner so as to comply with the general recommendations of British Standards BS 5228: Part 1: 1997, a code of practice for "Noise and Vibration Control on Construction and Open Sites" and in particular Section 10 of Part 1 of the code entitled "Control of noise and vibration".

2    All plant and machinery to be operated, sited and maintained in orderto minimise disturbance.  All items of machinery powered by internal combustion engines must be properly silenced and/or fitted with effective and well-maintained mufflers in accordance with manufacturers instructions.

3    The best practicable means, as defined by Section 72 of the Control of      Pollution Act 1974, shall be employed at all times, in order to minimise      noise emissions.

4    All reasonable measures shall be employed in order to control and      minimise dust emissions, including sheeting of vehicles and use of       water for dust suppression.

5    Any asbestos containing materials shall be removed by licensed       contractors to a licensed disposal site.

6    There shall be no bonfires on the site.”

(iv)      Informative – “You are advised that prior to starting on site consent will be required from the Highway Authority for the works being proposed, under the Highways Act 1980 (unless alternatively specified under the legislation or Regulations listed below).  For further information please contact the officer named:

Adoption of Highway - sec 38/278 - Mr M Kitchen - 01904 551336”

REASON:                  In the opinion of the Local Planning Authority the proposal, subject to the conditions listed, would not cause undue harm to interests of acknowledged importance, with particular reference to visual/residential amenity and the character/appearance of the surrounding street scene. As such the proposal complies with PPS1, PPG3 and Policies , GP1, H4a, GP4A, L1c, GP9, H5a and Appendix E "Car and Cycle Parking Standards" of the City of York Development Control Draft Local Plan.