Agenda item

Variation of conditions 2, 5 and 11 and removal of condition 4 of permitted application 15/01473/FUL to add an extra room at basement level, include cycle parking, increase height of dwelling,  alter design and distribution of windows and include an electric vehicle recharging socket. [Rural West York Ward] [Site Visit]

Members considered a variation of conditions 2, 5 and 11 and removal of condition 4 of permitted application 15/01473/FUL by Mr Ray Leadley-Yoward at 3 The Dell, Skelton, to add an extra room at basement level, include cycle parking, increase the height of the dwelling, alter the design and distribution of windows and include an electric vehicle recharging socket.

Officers provided an update which reported that the applicant had submitted a revised site layout plan (L/71-PL-06P) which presented a more accurate reflection of the development as built. This replaced drawing L/71-PL-06N. The main changes to the revised site layout plan were to the locations of the cycle store, recharging point and vehicular hardstanding. 

Members were advised that the applicant had been in discussion with the City of York Council (CYC) Land Contamination Officer on the actions to be undertaken in order to fulfil the contaminated land planning conditions. Members were advised that should planning permission be granted, that an additional condition of approval  be added in relation to investigation and remediation of land contamination.

Linda Mansell, Parish Councillor, spoke in objection to the application. Members were provided with a Statement in respect of the Variation to Planning Consent 15/01473/FUL by Adrian Mansell which she referred to whilst addressing Members. She suggested that the reasons given for resubmission were invalid and she cited the overdevelopment of the plot, the building and materials being out of character for the area and the gates being too large as reasons for objection to the application.

David Wright, a local resident, addressed the committee in objection to the application. He noted that the approval would set a precedent for future buildings in the area, that the builders had not followed the planning permission granted. He also noted his objection on the basis of the increased height of the building.

In response to Member questions, officer clarified that difference to the previously approved application was

·        An increase to the height of the dwelling by 360mm

·        An extra room at basement level

·        The inclusion of cycle parking

·        An alteration to the design and distribution of windows

The inclusion of an electric vehicle recharging socket

Officers were further asked and advised that:

·        The height of the gates was comparable to the height of the gates at no.3.

·        The discrepancies in the building had come to Planning Officers’ attention by neighbours

·        The design samples of the cladding submitted were deemed by the Planning Officer as being acceptable.

During discussion, a number of Members expressed concern that the applicant was seeking retrospective approval of changes already made in contravention to the approved application.

Cllr Gillies then moved and Cllr Shepherd seconded a motion to refuse the application. On being put to the vote, the motion was lost.

Cllr Flinders then moved and Cllr Crawshaw seconded the Officer recommendation for approval subject to the conditions listed in the report, amendment to revised site layout plan L/71-PL-06P [to replace site layout plan L/71-PL-06N] and  additional condition in relation to the investigation and remediation of land contamination.

Resolved: That the application be approved subject to the conditions listed in the report, amendment to revised site layout plan L/71-PL-06P [to replace site layout plan L/71-PL-06N] and  additional condition as set out below:

Additional Condition

Investigation & Remediation of Land Contamination

a)   An investigation and risk assessment must be undertaken to assess the nature and extent of any land contamination. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority.

b)   If land contamination is found to be present, a detailed remediation scheme to bring the site to a condition suitable for the intended use (by removing unacceptable risks to human health, buildings and other property and the natural and historical environment) must be prepared and is subject to the approval in writing of the Local Planning Authority. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

c)   The approved remediation scheme must be carried out in accordance with its terms and a verification report, that demonstrates the effectiveness of the remediation carried out, must be produced and 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.

Reason:     The design variations sought in the application would have no material impact on the character and appearance of the area or the amenity of neighbouring occupiers.  The application raises no new planning issues and complies with national planning policy in the NPPF.  The submitted details of cycle storage and vehicle recharging satisfy conditions of the previous permission.  The application is acceptable.  

Various other conditions of 15/01473/FUL relate to pre-commencement and/or construction matters.  These conditions are no longer relevant and do not need to be attached to the new permission.