Agenda item

Reserved matters application for Phase 1 – erection of 163 residential units including car parking, open space and landscaping – to which planning permission 02/03741/OUT dated 18 July 2006 relates (resubmission) [Guildhall Ward]

Members considered a major reserved matters application, submitted by Hungate (York) Regeneration Ltd, for Phase 1 – erection of 163 residential units including car parking, open space and landscaping – to which planning permission 02/03741/OUT dated 18 July 2006 relates (resubmission).

 

Officers updated Members on additional consultation responses received from the Environment Agency, English Heritage, Natural England, The River Foss Society, York Natural Environment Trust and Yorkshire Wildlife Trust, and a copy of a summary of these consultation responses were distributed at the meeting.

 

Officers updated that if Members were minded to approve the application they would recommend that Condition 3 be deleted as this was covered by the Section 106 agreement, that external letter boxes be added to the details in condition 6, and that an informative be added regarding land drainage. They also requested that Members agree to vary the Section 106 agreement to allow affordable housing to include 4 bed houses (as opposed to 4 bed flats). Officers also updated the plans details as per condition 1 of the report. 

 

Representations were received with comments on the proposal from York Natural Environment Trust (YNET). He stated that a number of their concerns had been addressed by the developers and that he passed on his thanks to the developers for their cooperation.

 

Representations were received from the secretary of the River Foss Society in objection to the proposals. She stated that she had not seen the latest issue of the Ecological Management Plan, and highlighted the importance of protecting the nature reserve, and the need for a barrier. She also stated that she would want to see the old substation demolished.

 

Representations were received in support of the application from the architect for the application. He stated that 20% affordable housing was being proposed, that the application was supported by  Commission for Architecture and the Built Environment (CABE) and approval had been received from English Heritage. He stated that the proposals were an exemplar for future developments.

 

Representations were received in objection to the proposals from Guildhall Planning Panel. Objections were raised regarding the excessive density and height of the proposals, that it would be out of character for the area, and the living conditions would be poor. He stated that a better design solution would be needed for the development.

 

Members discussed the following issues:

·        Car Club spaces and location

·        Cycle parking, location and security

·        The increase in the number of 1-bed units

·        Provision of a barrier to the nature reserve, and the location and height of any fencing

·        Demolition of the sub station

·        Access roads

·        Play space

·        Archaeological findings

·        The siting of disabled parking spaces

·        Location of bin storage

·        DDA requirements

·        Landscaping and planting

·        Lighting and Dark Sky compliance

·        Provision of electric sockets for sustainable transport recharging 

 

 

RESOLVED : That the application be approved subject to the conditions outlined in the report and subject to the following:

 

(i)                 That Condition 3 be deleted regarding BREEAM as this is covered by the Section 106 agreement;

(ii)               That the Section 106 agreement be varied to allow affordable housing to include 4 bed houses (as opposed to 4 bed flats);

(iii)             That the following additional/amended conditions be attached to the application:

 

·         The development hereby permitted shall be carried out only in accordance with the following plans and other submitted details:-

 

Dwg No's 010 (Rev E), 016 (Rev E), 06014/101 (Rev A), 06014/102 received on 27th November 2006

 

Dwg No's. 003 (Rev G),  021 Rev C, 023 (Rev E),  024 ( Rev D),  025 (Rev D),  026 (Rev E),  037 (Rev B),  039 (Rev A),

E SA 94 002 (Rev C),  E SA 94 003 (Rev F),  E SA 94 001 (Rev G),  E SA 94 005 (Rev D),  E SA 94 006 (Rev C),  E SA 94 007 (Rev C),  EA SA 10 004 Rev A received on 2nd February 2007

 

Dwg No's 001 (Rev H),  002 (Rev H),  005 (Rev G),  006 (Rev F),  007 (Rev F),  008 (Rev G),  009 (Rev H),  011 (Rev G),  012 (Rev F),  013 (Rev F),  014 (Rev F),  015 (Rev G),  020 (Rev E) received on 8th February 2007.

 

Flood Risk assessment dated October 2006 (Revision AO1)

 

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.

 

·         Large scale details of the items listed below shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development and the works shall be carried out in accordance with the approved details.

 

      -typical eaves and verge details

-windows and doors

-window and door openings showing reveals, lintols and cills

-patent glazing (or other system glazing)

-vertical dividing fins

-balconies including soffits

-entrance steps

-shafts into basement car park

-boundary walls and gates

-fixing of solar panels

-siting and details of external letterboxes

 

Reason:  So that the Local Planning Authority may be satisfied with these details.

 

·               Notwithstanding any proposed materials specified on the approved drawings or in the application form submitted with the application, details of the external works shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development. These shall include details of external paving materials, timber decking, street furniture, design and location and height of railings (to include a suitable fence around the Nature Reserve to provide adequate security), lighting plans and details of lamp columns (to comply with "dark sky" principles), and detailing of the viewing platform. The development shall be carried out in accordance with the approved details and using the approved materials.

 

                  Reason:  So as to achieve a visually cohesive appearance.

 

·               An electrical supply shall be provided adjacent to the basement cycle parking areas for the charging of electric cycles and buggy / wheelchairs.

 

Reason:  In the interest of sustainable transport

 

(iv)              That approval of the colour of materials be delegated to the Assistant Director (Planning and Sustainable Development), in consultation with the Chair, Vice Chair and Opposition Spokesperson;

 

(v)      That an informative be attached to the application stating that the watercourse adjoining the site be designated a "main river" and is therefore subject to Land Drainage Byelaws.  In particular, no trees or shrubs may be planted, nor fences, buildings, pipelines or any other structure erected within 8 metres of the top of any bank/retaining wall of the watercourse without prior consent of the Agency.  Full details of such works, together with details of any proposed new surface water outfalls, which should be constructed entirely within the bank profile, must be submitted to the Environment Agency for consideration.

 

REASON:                  The proposal, subject to the conditions listed above, would not cause undue harm to interests of acknowledged importance, with particular reference to;

- design of the development

- landscaping/tree loss

- nature conservation

- affordable housing/mix of house types

- planning out crime

- sustainability

 

As such the proposal complies with Policies GP1, GP3, GP4A, GP11, HE2, NE1, NE2, NE3, NE7, H3C and GP9 of the City of York Local Plan Deposit Draft.