Agenda item

Conversion of guesthouse to 10no.flats (use class C3) [Fishergate] [Site Visit]

Members considered a major full application by the Skelwith Group for the conversion of a guesthouse to 10no. flats (use class C3).

Officers gave an update to Members in which they informed them that revised plans had been submitted to show that applicants could make use of the rear alley at the rear of 63-69 Fulford Road to transport bins and cycles. They also proposed an additional planning condition to require a travel plan, if Members were minded to approve the application.

They reported that Councillor D’Agorne had submitted comments in support of the recommended conditions of cycle parking, the offer of bus passes to the first residents and an additional car club spot in close vicinity. He had asked Highways Network Management if two car parking spaces outside of the site were suitable and asked for the short section of the ‘guest parking’ respark to be replaced with double yellow lines, as there were concerns over safety given the proximity of the junction opposite and to residents coming from Ellwood Court. However, Officers felt that this was not relevant to this particular application and could be dealt with under highway legislation.

Members sought clarification from Officers on access and rights of way in relation to parking on the site. It was reported that planning permission did not override  private property rights so the owners of the rear access which belonged to the owners of Ellwood Court, could prevent future residents from crossing their land if they wanted to. However, there was a potential access from a footpath to the rear of 63-69 Fulford Road which could be used.

Representations in objection were received from Karen Lee, the Company Secretary of the owners of the freehold of Ellwood Court. She mentioned that the residents of Ellwood Court held the freehold of the rear access and that they had given conditional access to Saxon House when it was a hotel to cross over the land. This condition remained in place whilst it was a hotel, however it would no longer operate as a hotel and therefore that condition would be extinguished for the proposed flats. She expressed concerns that the only parking spaces that were proposed, were ones that would be accessed by crossing land owned by Ellwood Court residents, and that the applicants had not discussed the arrangements with residents.

Officers were asked whether residents could be provided with a bus pass as they had been excluded from the R20 zone as suggested by the Council’s Highway Network Management. It was confirmed that they could be provided with bus passes and car club membership and this was encouraged within the travel plan for the development.

Resolved: That the application be approved subject to the conditions listed in the Officer’s report and the prior completion of a planning obligation under section 106 of the Planning Act to secure the following:

·        Car Club Membership-1 year

·        Bus Pass- 6 months

Reason: The development is acceptable in principle and compared to the extant use there is no evidence there would be harm on neighbour’s amenity or highway safety. There would be adequate levels of amenity for future occupants. The scheme does not conflict with the policies of the NPPF.