Agenda item

Demolition of existing kennels, stables quarantine and cattery buildings, erection of 4no. detached dwellings with garages, and provision of new access road from existing driveway [Strensall] [Site Visit]

Members considered a full application for the demolition of existing kennels, stables quarantine and cattery buildings, erection of 4 detached dwellings with garages, and provision of new access road from existing driveway.

 

Officers gave an update in which they informed Members that;

 

·        Planning permission and reserved matters had been granted in 1995 for 125 dwellings, a parish hall and sports facilities at Fosslands Farm on land to the south of the site.

·        The plan of the site had been incorrectly labelled, the cattery and quarantine buildings should be the other way round.

·        A further representation in support of the application had been received from Richard Watson.

 

The representation from Richard Watson had been circulated amongst Members at the meeting.

 

Representations in objection were received from Jacky Ridley. She felt that expansion of the buildings on the site was inappropriate, special circumstances had not been demonstrated for development on Green Belt land and there was substantial local objection against the plans. She felt that it should be refused on the grounds of Green Belt policy.

 

Representations in support were received from the applicants’ agent, Jennifer Hubbard. She informed the Committee about how the kennels were established before the houses were built nearby and the applicants had reduced the numbers of dogs that they kept on the site because of noise complaints.

 

If required the scheme could be reconfigured to make the courtyard development more open to replicate a rural agricultural development to minimise the impact on the green belt. She also felt in regards to surface water drainage that there was no use existed in this case for a further percolation test.

 

Representations were received from a representative of Earswick Parish Council, Pat Leveson. She informed Members that the  Parish Council were in support of the application. They felt there were special circumstances for development in the Green Belt in that the development would be built in a sympathetic style, a bat survey had been undertaken and the access road would include a turning circle for emergency vehicles.

 

Representations in support were received from the Ward Member, Councillor Doughty. He highlighted that the application would make a small contribution to York’s housing stock, the proposal was on brownfield land and the site was previously developed land. He felt there were very strong circumstances to approve the application.

 

Some Members felt that the application should be approved as they did not feel the development would impinge on the openness of the green belt and that there were very special circumstances in that the applicant would not be able to accept any more dogs at the kennels due to a noise abatement order which adversely affected the viability of the business. Other Members expressed concern that the Council’s Green Belt policy was not being followed. Members were informed that although the Foss Internal Drainage Board and Flood Risk Management Team had objected to the application in regards to a lack of information a condition could be added to any permission to cover drainage.

 

Resolved: That the application be approved subject to the conditions listed in the Officer’s report, an additional condition relating to drainage, and reasons for approval be delegated to be agreed by the Chair and Vice Chair, in conjunction with Officers.

 

Reason:   The proposals would not materially affect the openness of the Green Belt and applicant has demonstrated that very special circumstances exist to justify approving the application despite the potential harm to the Green Belt by reason of inappropriateness.

 

The development shall be begun not later than the expiration of three years from the date of this permission.

 

Reason:  To ensure compliance with Sections 91 to 93 and Section 56 of the Town and Country Planning Act 1990 as amended by section 51 of the Compulsory Purchase Act 2004.

 

 

 2         The development hereby permitted shall be carried out in accordance with the following plans:-

 

House Type Plots 2 & 4 0307A&CD08A and House Type Plots 1 & 3 0307A&CD09A, dated 12.5.15;

 

Site Plan 0307A&CD13B, Site Plan 0307A&CD14A, Proposed Site Layout 0307A&CD05A Rev.A, Double Garage 0307A&CD10A Rev.A and Single Garage 0307A&CD11A Rev.A, dated 7 March 2016;

 

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

 

 3         No work shall commence on site until the applicant has secured the implementation of a programme of archaeological work (a watching brief on all ground works by an approved archaeological unit) in accordance with a specification supplied by the Local Planning Authority.  This programme and the archaeological unit shall be approved in writing by the Local Planning Authority before development commences.

 

Reason:  The site lies within an area of relatively undisturbed ground, where there is the potential for archaeological features and deposits relating to a prehistoric-Romano-British landscape and/or medieval and post-medieval agricultural practices, which could be disturbed through foundation excavations.

 

 4         The development hereby permitted shall be implemented in accordance with the scheme of mitigation set out in the Bat Survey report by QUANTS Environmental Ltd dated May 2016 submitted in support of the application.  This includes the following measures to be provided prior to demolition or any works to the buildings:

 

- Install 3x durable woodcrete bat boxes (i.e. 2F Schwegler) on site, to be installed in a mature tree with the position confirmed under the guidance of a suitably qualified ecologist;

- A toolbox talk to the contractors involved with demolition delivered by a suitably qualified ecologist in order to explain the presence of bats, their legal protection, roles and responsibilities, the proposed method of working and procedures should bats or evidence of bats be found.

 

During works to Buildings B1 (kennels) and B4 (stables) the roof tiles and other features of potential value to bats should be removed in a controlled manner by hand/hand tools under the supervision of a Natural England licensed bat surveyor.

 

Prior to occupation, as a biodiversity enhancement, two woodcrete bat bricks (1FQ or 1WQ Bat Box by Schwegler or similar) should be installed on the south/east/west elevations of each new dwelling (the position of the bat bricks should be confirmed under the guidance of a suitably qualified ecologist).

 

Reason:  To take account of and to enhance the habitat for a European protected species.

 

 5         In the event that contamination is found at any time when carrying out the approved development that was not previously identified, it must be reported in writing immediately to the Local Planning Authority.  An investigation and risk assessment must be undertaken and where remediation is necessary a remediation scheme must be prepared, which is subject to the approval in writing of the Local Planning Authority.  Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority.

 

Reason:  To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

 

 6         The applicant shall install a three pin 13 amp electrical socket in each of the garages for the four properties which are located in a suitable position to enable the charging of an electric vehicle using a 3m length cable.

 

Note: Any socket provided must comply with BS1363 or an equivalent standard, Building Regulations and be suitable for charging electric vehicles.

 

Reason:  To promote sustainable transport through the provision of recharging facilities for electric vehicles.

 

 7         Notwithstanding any proposed materials specified on the approved drawings or in the application form submitted with the application, samples of the external materials to be used (including surfacing materials) shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the construction of the development.  The development shall be carried out using the approved materials.

 

Note: Because of limited storage space at our offices it would be appreciated if sample materials could be made available for inspection at the site. Please make it clear in your approval of details application when the materials will be available for inspection and where they are located.

 

Reason:  So as to achieve a visually cohesive appearance.

 

 

 8         Prior to occupation, a detailed landscaping scheme (including hard and soft landscaping) which shall illustrate the number, species, height and position of trees and shrubs within the site shall be submitted to and approved in writing by the Local Planning Authority.  This scheme shall be implemented within a period of six months of the completion of the development.  Any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless alternatives are agreed in writing by the Local Planning Authority.

 

Reason:  So that the Local Planning Authority may be satisfied with the variety, suitability and disposition of species within the site.

 

 9         Details of all means of enclosure to the site boundaries shall be submitted to and approved in writing by the Local Planning Authority before the construction of the houses and shall be provided in accordance with the approved details before the development is occupied.

 

Reason:  In the interests of the visual amenities of the area and the amenities of neighbouring properties.

 

 

10        The site shall be developed with separate systems of drainage for foul and surface water on and off site.

 

Reason: In the interest of satisfactory and sustainable drainage.

 

11        No development shall take place until details of the proposed means of foul and surface water drainage, including details of any balancing works and off site works, have been submitted to and approved by the Local Planning Authority.

 

Design considerations.

 

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 (SuD's). 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 i.e. witnessed by CYC infiltration tests to BRE Digest 365 to discount the use of SuD's.

 

If the proposed method of surface water disposal is via soakaways, these should be shown to work through an appropriate assessment carried out under BRE Digest 365, (preferably carried out in winter), to prove that the ground has sufficient capacity to except surface water discharge, and to prevent flooding of the surrounding land and the site itself.

 

City of York Council's Flood Risk Management Team should witness the BRE Digest 365 test.

 

If SuDs methods can be proven to be unsuitable then In accordance with City of York Councils 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 by way of CCTV drainage survey 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.

 

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.

 

Surface water shall not be connected to any foul / combined sewer, if a suitable surface water sewer is available.

 

The applicant should provide a topographical survey showing the existing and proposed ground and finished floor levels to ordnance datum for the site and adjacent properties. The development should not be raised above the level of the adjacent land, to prevent runoff from the site affecting nearby properties.

 

Details of foul water disposal.

 

Reason:  So that the Local Planning Authority may be satisfied with these details for the proper and sustainable drainage of the site and because building works may prejudice an acceptable drainage scheme.

 

12        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 and no buildings shall be occupied or brought into use prior to completion of the approved foul drainage works.

 

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

 

13        Before the commencement of construction works, details of the junction between the internal access road and the highway shall be submitted to and approved in writing by the Local Planning Authority.  The development shall not be occupied until that junction has been constructed in accordance with the approved plans.

 

Note:  The details shall include a refuse collection point within the site curtilage.

 

Reason:  In the interests of highway safety.

 

14        Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting that Order), development of the type described in Classes A, B, C and E of Schedule 2 Part 1 of that Order shall not be erected or constructed.

 

Reason:  In the interests of the preserving the openness of the Green Belt the Local Planning Authority considers that it should exercise control over any future extensions or alterations which, without this condition, may have been carried out as "permitted development" under the above classes of the Town and Country Planning (General Permitted Development) Order 2015.