Agenda item

Three storey extension to accommodate 15no. new flats with associated alterations to internal layout of existing flats (creating 10 new flats in total), single storey front extension to form new main entrance, erection of plant room to side, reconfiguration of parking provision and associated landscaping works including new boundary fencing. (Westfield)

Members considered a major full application from City of York Council for a three storey extension to accommodate 15 new flats with associated alterations to internal layout of existing flats (creating 10 new flats in total), single storey front extension to form new main entrance, erection of plant room to side, reconfiguration of parking provision and associated landscaping works including new boundary fencing.

Officers informed the committee that there had been an additional representation from the Foxwood Residents Association and provided the following updates to the committee:

Update on report

Paragraph 1.2 should read as follows:

Planning permission is sought for the erection of a three storey extension along with associated internal alterations to the layout of existing flats to provide 15no. extra care apartments flats with communal facilities (10no. new flats in total) (to support independent living for older people), together with a single storey extension of the site frontage to provide a reorganised reception area, reconfiguration of the parking areas, and provision of a bin store.

Update from meeting of the Executive held on Monday 18th March 2019

Members resolved to approve investment in the redevelopment of Lincoln Court Independent Living Scheme.  This included a commitment to provide alternative recreational facilities to mitigate the loss of the MUGA.  These facilities will be subject to consultation with Sport England and the Westfield Ward community.  The alternative facilities will be further agreed by the City of York Executive and will be subject to budget approval.

Additional conditions

19     Prior to the commencement of development, an investigation and risk assessment (in addition to the assessment already submitted- Preliminary Land Contamination and Geotechnical Risk Assessment report (Ref: 23-24-18-1-1039/DSR1 Dated April 2018 already submitted) any assessment provided with the planning application) 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. The report of the findings must include:

(i)      a survey of the extent, scale and nature of contamination (including ground gases where appropriate);

(ii)      an assessment of the potential risks to:

o       human health,

o       property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes,

o       adjoining land,

o       groundwaters and surface waters,

o       ecological systems,

o       archaeological sites and ancient monuments;

(iii)     an appraisal of remedial options, and proposal of the preferred option(s).

This must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11'.

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.

20     Prior to the commencement of development, 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 include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. 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.

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.

21     Prior to first occupation, 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.

Mr Nick Hewitson, the agent for the application, spoke in support

of the application. Mr Hewitson stated that there would be an

increase in the number of flats and refurbishment to the existing

flats as approved in previous plans.

In response to member questions, the speaker stated that the

communal area would increase in size and that the development

will look to make the most of the limited outdoor space that it is on

the site. It was also noted that it would be unlikely that a

replacement MUGA could be provided prior to the loss of the

existing provision.

Cllr Waller addressed the committee as Ward Councillor. Cllr

Waller highlighted the importance of retaining sports facilities. Cllr

Waller also expressed views on behalf of the residents of Lincoln

Court with concerns regarding the amount of garden space,

emergency access and refuse collection.

Members noted the need for older people’s accommodation in the

City however some concerns were expressed regarding the need

for residents of Lincoln Court to have outside space and that it was

regrettable to lose the Multi Use Games Area.

It was moved and seconded that the application be approved

following referral to the secretary of state, it was therefore:

Resolved:  That the application be approved subject to the conditions listed on the report and following the outcome of the referral to the Secretary of State.

Reason:     It is considered that the proposal will deliver older persons residential accommodation to address an identified need, in a sustainable location. The MUGA will be retained in a similar form to the present situation which would not preclude its use and there are plans in place to see this being replaced in some form in the future. The proposals would not see the loss of useable playing pitches, and a new pitch will be provided linked to the development of the adjacent Windsor House site. Members will be updated on this at the meeting but notwithstanding the potential to re-provide the MUGA and the grass pitch it is considered that the identified harm to the provision of sports facilities is outweighed in the planning balance y the provision of older persons accommodation. Additionally the proposals would not give rise to an adverse impact upon the visual amenity of the wider street scene, the residential amenity of neighbouring properties or the safety and convenience of highway users. There would be adequate provision for waste and recycling storage areas within the site, and conditions will ensure that biodiversity could be compensated for.