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Agenda item

Land to the North and East of Grid House, Metcalfe Lane, Osbaldwick, York [18/01778/FULM]

Erection of 40 dwellings with associated roads, landscaping and public open space [Osbaldwick and Derwent Ward]



Members considered a Major Full Application from Andrew Black for the erection of 40 dwellings with associated roads, landscaping and public open space at Land To The North And East Of Grid House Metcalfe Lane Osbaldwick York.


Officers gave an overview the scheme to Members noting that the CTMP had been submitted and because it was a preliminary plan, there was therefore a condition proposed regarding the S106. During the Officer update, clarification was given on neighbour responses and the education contribution. Members were informed an update to the Plans Conditions. It was reported the additional information had been assessed and the planning balance and the recommendation remained unchanged from the published report. 


In response to questions from a Member, the Applicant explained that having looked at the district heat network, ground source heat pumps were to be used instead of photovoltaic panels.


Officers were asked and explained:

·        How the education places were calculated.

·        That the Ecologist had raised no objections to the scheme.

·        There had been a request for different access routes to the site from local residents.

·        Fifth Avenue would be used for access to the site. Because of land for There could not be different access arrangements because of the land ownership of sites.

·        The Applicant had indicated that they would carry out surveys on the condition of Fifth Avenue, which was included in the CTMP. There was a dilapidation survey carried out at phase 3 and there would be another one carried out at the end of the development.

·        The access routes to the site were clarified.

·        When a contractor had been appointed, further detail on the CTMP would follow and detailed matters would be resolved, which would be covered through Section 38 agreement, including road materials. Conditions had been requested.

·        Traffic Management would work with the Applicant on the traffic management plan.


The Applicant, Andrew Black, spoke in support of the application. He explained that the development would provide 400 new homes on a brownfield site, 200 of which would be affordable. He noted that since the deferral of the application Joseph Rowntree Housing Trust (JRHT) had met with local Councillors and residents. Referring to the contractors delivering the scheme, he noted that the previous development partner contractor would not be considered as part of the tender process. 


In response to Member questions concerning the CTMP, Mr Black explained that the CTMP was not exhaustible and that JRHT would continue to meet with residents to discuss the CTMP


Further questions were raised by Members to which Mr Black responded that:

·        Enforcement action from CYC would be used if needed.

·        The articulated lorries being used had reduced from 42 tonne to 32 tonne vehicles.

·        The current preference for energy was for ground source heat pump and the use of photovoltaic panels had never been a part of the energy strategy at Derwenthorpe.

·        There were charging points in the centre of parking areas.

·        The right of access down Metcalf Lane was for maintenance only and Fifth Avenue and Derwent Way were considered the most appropriate access route to the site.


Cllr Rowley in his capacity as a Councillor and Vice Chair of Governors at St Aelred’s RC Primary School, spoke in objection to the application. He expressed concern that there was no S106 funding for St Aelred’s school and he requested that the Committee defer the application in order to receive clarification on the S106 funding and traffic management plan. He was asked and confirmed that the current situation remained unchanged with there being no offer of funding and no signage being installed. He explained the problems caused by construction traffic.


Officers then gave clarification on the education funding position noting that a contribution to a secondary school would be procured via the S106 Agreement.


Cllr Webb, Heworth Ward Councillor, spoke in objection to the application. He explained that the lack of a traffic management plan would adversely affect the amenity of residents and suggested that an alternative entrance needed to be considered. He questioned what provision was in place for St Aelred’s school. He outlined the problems with works vehicles travelling down Fifth Avenue which he suggested were flouting conditions. He added that the problems with traffic began in December 2010.


Mr Black was then given the opportunity to address the points raised by the speakers in objection. He explained that JRHT had requested information from the Local Authority on how the S106 finding had been spent. He also noted that Fifth Avenue entrance was not their preferred entrance.


In request to a question from Members, the Senior Solicitor clarified that there could be a condition for the development not to commence until the CTMP had been submitted and approved by officers.


Resolved: That the he application be approved subject to:

a)        Additional conditions with regard to electronic car charging points and renewable energy as detailed in the officer update and the final wording of the additional conditions to be delegated to officers agreed with the Committee Chair and Vice Chair.


b)        The Section 106 to include a full construction management plan which should be made available to Ward Councillors and to be

delegated to officers to be agreed with the Committee Chair and Vice Chair.



a)        The application site is within the general extent of the York Green Belt. The proposal constitutes inappropriate development for the purposes of paragraph 144 of the NPPF and by definition causes harm to the Green Belt. This harm, and other limited harm to openness of the Green Belt, must be afforded substantial weight and very special circumstances will not exist to justify the development unless the potential harm to the green belt by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations.


b)        It is considered that the other considerations set out in paragraph 4.60 of the Committee Report, together with mitigation of other harm through planning conditions and obligations, clearly outweigh the potential harm to the Green Belt, even when affording this harm substantial weight. This, therefore, amounts to the very special circumstances necessary to justify the development.


c)        Any approval is subject to the signing of a Section 106 Agreement to cover the following matters, to include any necessary consequential variations being made to the original Section 106 obligation. The applicant has confirmed agreement to these heads of terms:


1)    Affordable housing provision:- Provision of 9 no. affordable dwellings, being 5 no. social rented units and 4 no. shared ownership;


2)    Education:- £103,512 towards the cost of additional school places at Archbishop Holgate's Secondary Academy. An education contribution is required for secondary age provision (6 anticipated secondary pupil yield x 17,251 cost multiplier 2018/19 =£103,512).


3)    Off-site sports provision:- Financial contribution of £25,986, of which £15,000 would be allocated to outdoor sport and ancillary facilities at Burnholme Sports Pitches and £10,986 would be allocated to Osbaldwick Sports Club;


4)    Construction Traffic Management Plan:- Provision of a detailed Construction Traffic Management Plan that would be based on and incorporating the submitted preliminary statement submitted 7.6.19;


5)    Sustainable Travel:- Payment to the occupier upon first occupation of each residential unit either: £150 per dwelling towards the provision of a travel pass to permit one adult to travel free of charge on buses operated within the Council's area, or a non-transferable voucher to the value of £150 to be used to purchase a bicycle;


d)        In light of the above, the proposal, subject to conditions and planning obligations, is considered to be acceptable in planning terms and complies with national and local planning policy. The application is, therefore, recommended for approval subject to the completion of a section 106 agreement and the conditions.



Supporting documents:


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