Agenda item

Erection of 7 no. apartments after demolition of the existing dwelling.  [Guildhall Ward]

Members considered a full application, submitted by Hogg Builders (York), for the erection of 7 no. apartments after demolition of the existing dwelling.

The case officer reported that two further letters of objection had been received and further comments from the Environment Agency, who did not object but had requested the inclusion of a standard surface run-off condition.  He circulated photographs taken from the Alhambra Hotel, a sketch comparing the existing and proposed buildings, and a plan comparing the current and previous development schemes.  He also recommended the following amendments and additions to the conditions set out in the report:

·  An amendment to the informative attached to condition 27 to reflect that the financial contribution for open space had been recalculated at £3,629;

·  The replacement of conditions 10 & 11 with a new condition requiring the submission of a method statement for the tree protection measures for approval prior to development commencing;

·  The addition of a condition requiring the layout of the development to be set out on site and agreed with the Local Planning Authority prior to development commencing;

·  The addition of a condition requiring the scheme for the limitation of surface run-off to be submitted for approval.

Representations were received in objection to the application, on behalf of the St Mary’s Conservation Group, relating to the site of the application, parking and sustainability, and in support of the application, from the applicant’s agent.  The Conservation Group also provided photograph boards of the area.

Members highlighted the need for appropriate measures to be put in place to protect the monkey puzzle tree.  Some Members expressed concerns regarding the appearance of the proposed building, in terms of the entrance being at the rear and the number of windows in the rear elevation.  Concerns were also expressed regarding the lack of evidence for sustainable design, the loss of garden for hard surface parking, the lack of on site amenity space, the removal of the privet hedge, the failure to meet Design for Life standards and the loss of the existing family home.

Members requested the following amended and additional conditions:

·  The amendment of condition 9 (LAND1) to include hedges;

·  The replacement of condition 25 (HT1) with a new condition requiring the height of the proposed building to be referenced to the ridge height of the adjacent buildings;

·  An additional condition requiring to the details of the floorsurfacing of the car park to be submitted for approval;

·  An additional condition requiring a photographic record of the site to be made before development commenced;

·  An additional condition requiring a sample panel of materials to be submitted for approval.

With regards to the final condition above, Members requested that officers allow them the opportunity to comment on the sample panel of materials. 

RESOLVED:             That the application be approved, subject to the conditions listed in the report, with the following changes:

a)     The deletion of conditions 10 & 11 and their replacement with the following:

(i)   Condition – “Before the commencement of the development upon the site, including demolition, building operations, or the importing of materials and any excavations, a method statement regarding protection measures for the existing trees and hedges shown to be retained on the approved drawings shall be submitted to and approved in writing by the Local Planning Authority.  This statement shall include details and locations of protective fencing, phasing of works, site access during demolition/construction, type of construction machinery/vehicles to be used, (including delivery and collection lorries and arrangements for loading/off-loading), parking arrangements for site vehicles and storage of materials, location of marketing cabin; together with existing and proposed levels, where a change in surface material and/or levels are proposed within the canopy spread and likely root zone of a tree. All works shall be carried out in accordance with the agreed method statement.

Reason: To protect existing trees which are covered by a Tree Preservation Order and/or are considered to make a significant contribution to the amenity of this area.”

b)     The deletion of condition 25 and its replacement with the following:

(i)   Condition – “Notwithstanding the information contained in the approved plans, the overall ridge height of the approved development shall be a minimum of 0.79 metres and 0.65 metres below the ridge heights of the adjoining properties at 32 St Mary’s and 35 St Mary’s respectively, as indicated on Plan No. B00/05/B received 15 February 2007.  In any case the overall ridge height of the approved development shall not exceed 24.25mA.O.D.

Reason: To ensure that the approved development does not have an adverse impact upon the character of the Conservation Area.

c)      The following amended conditions:

(i)   Condition 9 – “No development shall take place until there has been submitted and approved in writing by the Local Planning Authority a detailed landscaping scheme which shall illustrate the number, species, height and position of trees and shrubs and hedges to be planted/retained.  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.”

(ii)  Condition 27 – “No development shall commence unless and until details of provision for public open space facilities or alternative arrangements have been submitted to and approved on writing by the Local Planning Authority.  The open space shall thereafter be provided in accordance with the approved scheme or the alternative arrangements agreed in writing by the Local Planning Authority and thereafter implemented, prior to first occupation of the development.

      Reason:  To comply with the provisions of Policy L1c of the City of York Draft Development Control Local Plan, incorporating the 4th set of changes (April 2005).

      INFORMATIVE

The alternative arrangements of the above condition could be satisfied by the completion of a planning obligation made under Section 106 of the Town and Country Planning Act 1990, by those having a legal interest in the application site; requiring a financial contribution towards off site provision of open space.  The obligation should provide for a financial contribution calculated at £3,629.”

d)     The following additional conditions:

(i)   Condition – “Notwithstanding the information contained in the approved plans, prior to the commencement of works upon the site, the layout of the development shall be marked out on site, for inspection and subsequent agreement in writing by the Local Planning Authority.  In addition, measures to ensure that markers identifying the layout remain in place at all times at agreed points throughout the construction works shall be agreed in writing with the Local Planning Authority.

Reason: To ensure that the approved development does not have an adverse impact upon the character of the Conservation Area.”

(ii)  Condition – “Before the commence of development upon the site, a detailed scheme for the provision and implementation of a surface water run-off limitation shall be submitted to and approved in writing by of the Local Planning Authority.  The scheme shall be implemented in accordance with the approved programme and details.

Reason:      To prevent the increased risk of flooding.”

(iii)Condition – “Before the commencement of works upon the site, the materials for the floorscaping of the car park and vehicle access shall be submitted to and agreed in writing by the Local Planning Authority.

Reason: To ensure a satisfactory appearance in the Conservation Area.”

(iv)Condition – “A sample panel of the brickwork to be used on this building shall be erected on the site and shall illustrate the colour, texture and bonding of brickwork and the mortar treatment to be used, and shall be approved in writing by the Local Planning Authority prior to the commencement of building works.  This panel shall be retained until a minimum of 2 square metres of wall of the approved development has been completed in accordance with the approved sample.

Reason: So that the Local Planning Authority may be satisfied with the finished appearance of these details prior to the commencement of building works, in view of their sensitive location.”

(v)  Condition – “Prior to the commencement of works upon the site, four copies of a photographic record illustrating the current site and its context shall be submitted to and agreed in writing by the Local Planning Authority.  This record shall include: the main elevations of the existing dwelling upon the site, in its setting with adjoining buildings both on the street frontage and from the gardens to the rear; streetscene and detailed close-up photographs of the monkey puzzle tree and the ground areas around its base; and the treed setting in the existing garden.  The photographs shall be dated and labelled with the location, and bound into an A4 folder.

Reason: To provide a photographic record illustrating the site and its context prior to the development being carried out.”

REASON:                  In the opinion of the Local Planning Authority the proposal, subject to the conditions listed, would not cause undue harm to interests of acknowledged importance; in particular the character and appearance of the Conservation Area, the setting of adjoining listed buildings, and the amenities of adjoining occupants.  As such the proposal complies with Policies H9 and  E4 of the North Yorkshire County Structure Plan (Alteration No. 3 Adopted 1995), and   Policies CYGP1, CYGP9, CYHE2, CYHE3, CYHE11, CYH4A, CYH5A, CYED4, and CYL1C of the City of York Development Control Local Plan Deposit Draft, incorporating the 4th set of changes (April 2005).