Agenda item

Erection of 1 dwelling [Huntington/New Earswick Ward] [Site Visit]

Members considered a full application by Mr Stephen Johnson for the  erection of one dwelling.

Officers gave an update, which was published online following the meeting, which covered two further representations received since the agenda was published and verbal confirmation from Yorkshire Water that it would not refuse an application for one additional property to be connected to the sewage system.  It also covered two additional conditions and an informative relating to drainage.

In response to Member questions on flood risk, Officers stated that:

·        Information on surface water drainage would have to be provided before any development could commence;

·        There had been issues with flooding previously, the photos provided from an objector were from 2008;

·        That to reach a surface water run off rate of less than 0.5l/s, the outfall orifice would be so small it would be prone to blockage and create more of a problem; and

·        The Environment Agency no longer allowed septic tanks.

Fiona Hopkinson, a neighbouring resident, spoke on her concerns around overdevelopment of the area. She highlighted  that other, smaller, developments in this area had been refused citing overdevelopment. She also stated that there were issues with drainage, access and that there were no special circumstances that would permit development tin the green belt.

Ms Leaning, a neighbouring resident, also spoke on concerns around drainage and flooding. She stated that in the past homes surrounding this property had flooded up to a foot in an hour and that rainwater ran into the main sewer which meant that when the sewer backed up gardens were also flooded with sewage. This had happened in 200, 2008 and 2015.

Annette Kennelly, the applicant, stated that the objections raised by the previous speakers had been addressed in the Officer’s report and drew Members attention to the fact that no objection had been received from the parish Council. She also highlighted that there would be new drainage for the existing bungalow and a new soakaway to the rear of this property.

In response to Member questions Officers stated that:

·        Yorkshire Water had not refused a connection to the main sewer; and

·        That, in terms of the green belt, the 2005 draft Local Plan was still in use for development control purposes and within this Hopgrove was identified as a village.

During the debate, Members felt that there were some finely balanced issues to consider, particularly around drainage and expressed their sympathy for local residents who had suffered flooding. However, several Members felt that with the measures to being put in place, this property would not be adding additional surface water to the system or contributing to the existing problem.

Resolved:  That the application be approved subject to the conditions listed in the report and the following additional condition:

13. Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking or re-enacting that Order), development of the type described in Classes A (Extensions and additions), D (Porches) and E (Outbuildings) of Schedule 2 Part 1 of that Order shall not be erected or constructed.

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 2015.

Reason:     The application site lay within the settlement of Hopgrove that was within the general extent of the York Green Belt. The proposal involves the provision of one dormer bungalow within the garden of no.22 Hopgrove Lane North that would infill the space between no.21 and the adjacent property, no.22. As such, the proposed development is considered to be appropriate in Green Belt policy terms, which would preserve the character and appearance of the ribbon development along Hopgrove Lane North. Subject to conditions, potential harm to land contamination, flood risk, highway safety and residential amenity could be adequately mitigated. As such, the application complied with planning legislation, advice and policies that are contained in the NPPF and Draft City of York Local Plans of 2005 and 2018.