Agenda item

Erection of 14 flats (use class C3) following demolition of car repair garage [Guildhall Ward].  [Site Visit]

Members considered a major full application by Mr Kevin Mohan for the erection of 14 flats (use class C3) following demolition of a car repair garage.

Officers advised that  Condition 10 of the committee report required the applicant to secure the implementation of a programme of archaeological work (a watching brief) in accordance with a specification to be approved by the local planning authority.  They advised that since drafting the report the applicant had submitted such a report, which had been accepted by the council’s archaeologist and therefore condition 10 should therefore be amended accordingly.

Officers advised that an additional condition in relation to cycle storage be added to any approval (as detailed below)

In relation to the contamination condition (para 4.21 of report), officers reported that since the committee report had been drafted, further ground contamination information had been submitted by the applicant but the contamination was such that a remediation strategy was required.  The proposed planning condition required submission of a remediation strategy and a subsequent verification report should therefore remain in place.

Mr Boleslaw Posmyk, a local resident, addressed the committee in objection to the application raising concerns in relation to the density of the proposed development, planting and parking. He expressed concern that the intention was still for the bay windows to face the flats on Bootham place and asked that these be conditioned to avoid overlooking into the bedrooms of the flats on Bootham Place.

 The Architect advised that it was possible to recess the windows further into the bay. Officers advised that a new condition requiring details of item 3 on the drawing would be required, or specifying setting the windows back into recess. It was agreed that this could be delegated to officers.

Members agreed that the proposals would provide important additional housing to this part of the city and questioned whether it was possible to condition use of the flats. Officers advised that they had no powers to restrict the occupancy of residential flats within the use class but advised that there was nothing in the application to suggest that they were not intended for normal residential housing.

Resolved:  That on completion of a S106 agreement to secure a financial contribution of £3,195 towards off-site sports provision in the city, DELEGATED authority be given to the Assistant Director (Planning and Public Protection) to APPROVE the application subject to the conditions listed in the report and the amended and additional conditions below and an additional condition in relation to the design of the bay windows.

Amended Condition 10 (Archeology)

The development shall be carried out in accordance with the written scheme of investigation by York Archaeological Trust received by the local planning authority on 31 October 2017.

Reason:  The site lies within an Area of Archaeological Importance and the development will affect important archaeological deposits which must be recorded during the construction programme.

Additional Condition 14 - Cycle Storage

The residential building shall not be occupied until the proposed cycle storage facilities have been constructed and laid out in accordance with the approved plans and thereafter shall be retained solely for such purposes.

Reason:  In the interests of sustainable transport.

Reason:     The council's statutory duty under s.66 and s.72 of the Planning (Listed Buildings and Conservation Areas) Act gives rise to a strong presumption against planning permission being granted. The proposals as revised would not be harmful to any heritage assets. All other matters are acceptable, subject to the imposition of conditions where appropriate. The application accords with national planning policy in the NPPF.