Agenda item

Erection of 2 dwellings with associated parking following the demolition of existing dwelling, workshop and storage buildings (resubmission). [Micklegate] [Site visit]

Members considered a full application from Mr Stuart Oxtoby for the erection of 2 dwellings with associated parking following the demolition of existing dwelling, workshop and storage.

Officers provided an update on two representations that had been received with regards to this application. The first was from the Council’s Flood Risk Management team, asking for conditions to be included regarding foul and surface water drainage. The second was from the Council’s Archaeologist requesting three conditions relating to the sites archaeological importance, that were as follows:

-      An archaeological watching brief

-      Details of foundation design

-      The recording of archaeological stone found within the garden

Officers also clarified for the committee the planning legislation and policy position relating to listed buildings and conservation areas. Officers explained the recommendation for refusal stating that the proposal would not preserve the setting of the listed building or the character and appearance of the conservation area by eroding the contribution that the space makes to the historic layout of this heritage asset through the truncating of the existing curtilage and introducing modern intrusion. Officers stated that the proposal does not preserve the setting of the listed building as required by Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 nor does it preserve or enhance the character or appearance of the conservation area as required by Section 72 of the 1990 Act.

It was reported that the Conservation officer had identified ‘less than substantial’ harm to the conservation area with this proposal however according to the NPPF, any harm must be weighed against public benefit.

The public benefits outlined in the application were:

-      The replacing of low quality existing buildings with a high quality development.

-      A lower overall footprint

-      The provision of accommodation

It was the view of the planning officer that these were private benefits or minor public benefits that did not outweigh the harm to the heritage assets.

Mr Chapman, the agent for the applicant, spoke in support of the application. Mr Chapman highlighted to the committee that there had been no objections from neighbours or from Historic England. Mr Chapman also pointed out that the conservation officer had declared ‘less than substantial’ harm would be caused and that the proposal would not affect the setting of the listed building.

Cllr J Hayes then spoke in support of the application. Cllr Hayes said that he believed the proposal would have limited impact on the listed building and that it was separated from the Mount Royale Hotel by gardens, trees and shrubs. Cllr Hayes also explained that the current buildings on site were of poor quality and that the proposal would improve the site.

During debate, some Members indicated that they did not believe that this development would harm the setting of the listed building nor have a detrimental impact to the conservation area.

Other Members did see the impact that this development would have on the listed building and discussed the importance of the removal of trees within the site and the impact this would have on the street scene. Members noted that despite the lack of objections and poor maintenance of the current buildings on this site, it was a poor argument to suggest that due to a lack of stewardship, the development should be allowed.

Resolved:  That subject to the additional conditions below, the application be approved and delegated authority be given to officers alongside the Chair and Vice-Chair to finalise the wording of the approval.

Conditions:

i)             Development to start within three years

ii)            Approved plans condition

iii)          An archaeological brief

iv)          Details of foundation design

v)           Photgraphic record of medieval, architectural fragments in garden

vi)          Large scale details including windows, doors, elevations and gate.

vii)        Supply of boundary details

viii)       Sample of materials

ix)          Landscaping scheme

x)           Cycle parking details

xi)          Restriction of working hours

xii)        Electrical sockets for vehicles

xiii)       Method statement

xiv)      Foul and surface water drainage details

xv)         Refuse arrangements with Mount Royale Hotel

Reason:     As Members felt the degree of harm was less than substantial and did not believe that this development would harm the setting of the listed building nor have a detrimental impact to the conservation area.