Local democracy during coronavirus

During coronavirus, we've made some changes to how we're running council meetings. See our coronavirus updates for more information on meetings and decisions.

Agenda item

25 Garden Flats Lane, Dunnington, York [18/01851/FUL]

Erection of 2 dwellings with new access following demolition of existing bungalow. (Osbaldwick and Derwent) [site visit]


Members considered a full application from Mr and Mrs Craven for the erection of 2 dwellings with new access following demolition of an existing bungalow.


Officers corrected some of the separation distances at paragraph 4.15 of the officers’ report. The correct dimensions are listed below:


-      The distance from the proposed house at plot 1 to the boundary with No.27 Garden Flats Lane would be approximately 1m.

-      The distance from the proposed house at plot 1 to the nearest habitable part of No.27 would be approximately 4.9m.

-      The distance from the proposed house at plot 2 to the boundary with No.23 Garden Flats Lane would be approximately 2.4m.

-      The distance from the proposed house at plot 2 to the nearest habitable part of No.23 would be approximately 5.6m.


In response to questions at the site visit on Wednesday 5 June, Officers clarified that the applicant had now submitted land registry documents confirming that the entire application site was under the ownership of the applicant. Finally, Officers stated that should permission be granted, there would be an additional condition for obscure glazed windows on the side elevations  of the two dwellings.


Members asked Officers why there was no expectation on the applicant to go further than standard building regulations in terms of sustainable materials and energy efficiency that is set out in the Council’s emerging Local Plan. Officers stated that it is not a policy that is currently being used as it is not yet a part of the adopted development plan. It could affect potential viability and won’t be adopted until the plan has been through an examination process.


Ana Craven, the applicant then spoke in support of the application. Ms Craven highlighted the following points to the committee:

-      That Garden Flats Lane has a wide range of properties including large two-storey houses and single storey and dormer bungalow properties that have been recently approved.

-      The separation distances, boundary distances and ridge heights were all comparable to that of other properties on the street.

-      That no objections had been received from drainage or highways.

-      All matters raised during the application process had been addressed.


Pat Muir then spoke in objection, on behalf of residents in the area. Ms Muir stated that residents were concerned by oversizing of the properties and inadequate separation distances. Ms Muir went on to state as the committee whether it could be justified that the demolition of a previously well maintained bungalow and replacement with two highly priced properties was really meeting the housing need for the area. Finally, Ms Muir stated that objection was not prompted by a ’not in my back yard’ attitude and that two town houses or bungalows suited to first time buyers would be very acceptable.


Jenny Brooks, on behalf of Dunnington Parish Council, then spoke in objection to the application. Ms Brooks stated that Dunnington Parish Council objected to the application as it was overdevelopment of a plot resulting on adverse impact on immediate neighbours. Ms Brooks stated that Dunnington has an ageing population and bungalows were highly sought after by elderly residents. Ms Brooks stated that condition 13 must be adhered to strictly and all drainage details be submitted and approved before work begins.


Cllr Mark Warters then spoke in objection to the application. Cllr Warters highlighted that he believed the two proposed properties to be out of character for the area, gross overdevelopment and with an unacceptable impact on neighbours. Cllr Warters urged the committee to refuse the application and let it be tested at appeal to set a precedent in York for future ‘garden grabbing’ schemes. Cllr Warters finished by expressing his discontent with the power of enforcement with York and informed the committee that they should take no comfort in the conditions and informatives listed.


Cllr Rowley then spoke in objection to the application. Cllr Rowley highlighted that Dunnington Parish Council have a proven track record for encouraging development to meet the City’s housing need. He went on to state that this application doesn’t not meet the housing need for the area, which is short of two-bedroom starter homes in particular. Cllr Rowley also expressed his discontent with City of York Council’s track record of enforcing planning conditions and urged the committee to refuse the application.


During debate, Members expressed sympathy with the residents and agreed that more affordable housing would have been gladly welcomed. However, Members were clear that they did not feel as though there were valid planning reasons to refuse the application and that if they did it would certainly be overturned at appeal.


It was moved and seconded that approval be granted and it was therefore


Resolved:  That approval be granted subject to the conditions listed in the report.


Reason:     The application would provide one additional house in a sustainable location. The scale, design and materials would be in keeping with the character of the area and would have no significant impact on neighbouring occupiers. The Council’s highways officers have no objection to the access, parking, traffic generation or highway safety. Contamination and drainage could be dealt with by condition. The application complies with relevant policies of the NPPF and Publication Draft Local Plan 2018.

Supporting documents:


Back to the top of the page