Agenda item

Erection of a new dwelling after demolition of the existing one.  [Holgate Ward]

Members considered a full application, submitted by Ian and Mary Macbeth, for the erection of a new dwelling after demolition of the existing one. 

The case officer circulated copies of an additional letter of objection, plans on which the proposed building had been superimposed and plans showing the gable profiles of the proposed and adjacent properties.  He reported that the dormer window on the front elevation of the proposed building, referred to in paragraph 4.6 and condition 11, had been deleted from the plans.  He also circulated a sheet detailing the following amended and additional conditions:

·  Deletion of condition 11 and its replacement with a condition requiring development to be in accordance with the approved plans;

·  Amendment of condition 12, relating to the screening to rear balconies, requiring details, including height and materials, to be submitted for approval and then to be implemented and retained thereafter;

·  Addition of a LAND1 condition, requiring details of landscaping to be submitted for approval;

·  Addition of a condition removing Permitted Development Rights for alterations and extensions to the dwelling and its roof.

Representations were received in objection to the application, from a neighbouring resident, and in support of the application, from the applicant’s agent.

Members highlighted the need to protect the pine trees at the rear of the site and were advised that this was covered by the deeds of the property.

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

a)     The deletion of condition 11 and its replacement with the following:

(i)   Condition 11 – “The development hereby permitted shall be carried out only in accordance with the following plans:

      MAC (D) 01 Rev A and 02 Rev B received 19 March 2007

      or any plans or details subsequently agreed in writing by the Local Planning Authority as amendments 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.”

                        b)                        The amendment of condition 12 to read as follows:

(i)   Condition – “Further details of the screening to the rear balconies, including its height and details of proposed materials shall be submitted to and approved in writing by the Local Planning Authority and implemented and retained thereafter.

Reason:  To protect the residential amenity of adjoining residents.”

                        c)   The addition of the following conditions:

(i)   Condition – “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.  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 – “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 D of Schedule 2 Part 1 of that Order shall not be carried out without the prior written consent of the Local Planning Authority.

Reason:  In the interests of the amenities of the adjoining residents 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 1995.”

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, with particular reference to the impact upon the character and appearance of the locality and residential amenity. As such the proposal complies with Policy GP1 of the City of York Local Plan Deposit Draft.